8 Ways To Avoid Arrest for Misdemeanor DUI
The best way of avoiding arrest is to know and exercise your rights. If you’ve been pulled over and are being accused of drinking and driving, here are 8 ways you can avoid being arrested.
- Don’t roll your window down all the way. You only have to roll it down enough to hear and speak to the officer. Rolling it down all the way gives them the chance to claim they smell alcohol on your breath.
- Don’t submit to a car search. Legally, you do not have to allow them to search your car unless they have a warrant or have enough evidence to cite probable cause (i.e., they see an open container or smell alcohol on your breath).
- Don’t take a field sobriety test. You are not required to do so, no matter what the officer says. Often, these tests are used as a way of “proving” that you’re under the influence, even if you pass the test.
- Don’t take a breathalyzer test. Again, this is a way officers can “prove” you’re drunk. Many experts have dismissed breathalyzer tests as junk science, and they often do not hold up in court.
- Be polite but firm. Always remain calm when talking to the officer, and never physically touch them. Stay firm in your refusal to take tests or answer certain questions.
- Don’t give into a false sense of security. You know your driving is not impaired, but don’t let the officer convince you that you need to prove it. You don’t.
- Don’t give into pressure. The officer is likely going to try to convince you to take a test or talk about your drinking habits. You do not have to disclose any information about your evening, or what you have consumed.
- Continue to ask if you are free to go. Officers cannot keep you longer than 10 to 15 minutes. If no charges are being made, continue to ask if you can leave. Again, be polite.
If you believe you’ve been wrongly arrested, don’t worry. Help is out there. Contact H Law today to have the legal experts on your side.