Ways to Avoid a DUI Conviction

Driving under the influence cannot only significantly destroy your own life, but you may also pose a dangerous risk to the public when operating a vehicle. If you are caught driving under the influence by police, you could potentially face jail time, receive a significant fine and/or lose your driving licence. For this reason, we are offering five ways you can avoid a DUI conviction.

1. Have a Designated Driver

It is never worth driving under the influence of alcohol or drugs, because you could cause a fatal or serious collision. If you do plan to drink alcohol, it is essential you either arrange a designated driver to take you home or find another safe way home, such as taking a taxi. A DUI conviction could not only result in you losing your licence, but it could also affect your livelihood. Download apps like Uber or Lyft so you can use a driver if you didn’t plan in advance.

2. Remember Your Constitutional Right to Remain Silent

Police officers are more likely to pull over a vehicle at night, which is when people commonly tend to drink alcohol. The officer may state he or she pulled you over because you made a wide turn or didn’t signal when you turned, however, this will be their way of looking at you to identify if you show signs of alcohol consumption, such as blood shot eyes or slurred speech. They may ask you questions if you have consumed alcohol, but it is important to remember that you have a constitutional right to remain silent. So, while an officer might arrest you on suspicion of driving under the influence, you won’t incriminate yourself, which could help prevent a DUI conviction.

3. Making a Decision About the Field Sobriety Tests

You have a legal requirement to provide an officer with your name, registration and proof of insurance. However, you can refuse to take a field sobriety test, such as a walk and turn, finger to nose test and watch-the-pen test, as well as the portable breath test. All of the above can be used against you at a trial to prove you were driving under the influence. An officer cannot force you to undertake a test and, by avoiding the test, you can reduce the evidence they can use against you. Of course, not taking these tests also has negative consequences in various states, such as a suspended license if you don’t take the portable breath test. So try to follow the first point and avoid being behind the wheel.

4. Remember Your Constitutional Right to an Attorney

Whether you are under the influence or not, you have a constitutional right to an attorney once you have been arrested. Many officers fail to provide a person with their Miranda Rights upon arrest and may wait until they have collected all evidence to tell you that you have the right to remain silent and right to speak with a lawyer. However, you do not have to wait for them to tell you your rights. You can invoke your right to remain silent immediately and ask to speak with an attorney. Any violation of those rights could result in a case being instantly dismissed. If an officer refuses your request to speak to a DUI attorney, the case can be thrown out, because your constitutional right to an attorney has been violated.