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Archive | Arizona DUI Prevention

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What not to do when pulled over for driving while intoxicated

Those dreaded red and blue lights flash behind you what do you do? The first thing to do is try and not to panic. Do not stop immediately in the middle of the roadway, but slow down and attempt to find a safe location to pull over to the right, but don’t drive forever. Do not try taking off in hopes of outrunning the patrol car you can not outrun their radio and the other officers that will come out of the woodwork.

Once you stop remember to put the car into park. Be polite and try and pay attention. Know where your drivers license, proof of insurance and registration are so you can easily obtain them. The officer will be watching all of your actions and how well you can maneuver. Don’t have open alcoholic containers in the vehicle either.
Be polite. Answer questions directed at you but don’t offer too much information. Know that almost every drunk driver gives the standard answer of “two” to how much they have drank. Is that two six packs, two pitchers, two double whiskey on the rocks? Don’t try and be smart or cocky. Your speech is another detection of intoxication.

If asked to do a field sobriety test, know that you can decline certain tests or all of them. Officers need factors from each test to determine for court whether or not you are safe to operate a motor vehicle. Nationwide standards are being adopted by all agencies that have guidelines for each test that are accepted in court. If you do not perform these tests the states case is harder to prove, but also keep in mind many patrol cars have video footage of what is going on so some of the factors can be detected other ways. Definitely do not admit that you could not do the tests even if you were sober this says you know you are drunk.

Do not become a street lawyer and start spouting off your rights. Law enforcement officers know all to well what they can and can not do. If the officer is crooked he/she will not care you think you know what your rights are. If the officer is above board he/she will know their limitations and protect your rights to protect the case.
Know that your Miranda rights do not need to be read to you prior to an arrest. After the handcuffs go on anything that can incriminate you further can not be asked, but you still have to answer questions about you such as your address. Refusing to give information about yourself to the officer prolongs your stay behind bars.
Do not try and bribe the officer. Once the decision has been made to arrest you is not the time to plead and beg for them to just let you go home, or drive you home, or call someone. Do not make statements that you knew you were too drunk to drive. Know that your ride to the jail is also being recorded. There is never a time to call the officer every name in the book or make threats. Keep your lips closed.

Depending on your state’s requirements, a test to determine the level of alcohol in your body will need to be done, which many do not realize they agreed to when they obtained their drivers license. Know the penalties for refusing this test and the penalties for taking this test. Lawyers vary in their opinion on whether or not you should refuse or agree. This is a personal choice, but convictions happen regardless of this decision.

Do not tear up, destroy or throw away any documents you are given by the officer or the jail staff. These documents detail driving privileges and provide other valuable information about what is to come in the legal process. Wait until you are released, have slept and can think to read through these documents. This is also the time to determine whether or not you need a lawyer.

The best advice is to not drive while intoxicated so you do not need to worry about any of this.

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Simple tips to prevent a DUI

There are many simple and obvious choices on how to avoid a DUI, but first and foremost one must possess the integrity to make them. Humans, in general, often feel infallible. “I had a few drinks and drove home fine last time.” The success in that venture was created by an alcohol fueled illusion. Who hasn’t felt the overwhelming sense of relief at making it home safely after a few drinks? We amuse ourselves with the admission of barely remembering “how” we got home in one piece. What these DUI drivers may not realize is that there were other drivers on the road who had to swerve to avoid them, and ended up in the middle of a tree. They were not very successful on making it home to their daughter’s birthday party in one piece.

People also speak of the time it takes for alcohol to affect the blood, and impair mental and physical functions. Time spent on calculating how one can get away with driving home after a few too many drinks could be better spent on calculating better ways of getting everybody home safe. It is not about us already having enough responsibility in our life that we can not be bothered with anyone else’s. It is an easy choice to make, but how easy will it then be to deal with the consequences of an “unsuccessful” driving home under the influence?

Often it is not until something terrible happens that teaches us not to drink and drive. We tested our limits and found the boundary line. We swear not to do it again, in court that is, surrounded by a group of strangers who are judging us by this one act. They do not care that you made it home a hundred other times.
A simple way to avoid a DUI is to accept and fully understand that it is, in every way, irresponsible and illegal to drink and drive. You may care about yourself more than others, but is injuring or killing yourself the best way to show it? There are no “do-overs”. Once you are caught and pulled over, the rush of adrenalin through your body can be more intoxicating, and your responses to police enforcement even more so. Once you wake to find the engine of your car resting in your lap, and blood on your windshield that is not your own, it is too late to call a cab.

Before you put yourself in that situation, consider arranging other transport such as hiring a personal driver and a car for the evening. If you are going downtown for a big night out, rent a nearby hotel or motel room with your friends. If you all become too intoxicated to call a cab, do not be offended if the establishment you are drinking in does it for you. Budget for your safety. If you can not afford to arrange for other transportation then you can not afford to go out, nor can you afford the fines and repercussions that occur when you are caught driving under the influence.

This type of planning does not take away from the spontaneity of having a good time; instead it offers you complete freedom that you have taken responsible steps to guarantee it, and also a clean driving record.

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Recommended procedures for being pulled over while intoxicated

“I can do this. I can drive home. I’m not drunk. Yeah, I can do this.” That’s what you told yourself as you climbed behind the wheel and headed home from a night out with friends. You thought everything was going fine until you saw those flashing lights in the review mirror and heard the siren signaling you to pull your vehicle over to the side of the road. You realize now that you should not have gotten behind the wheel; that you weren’t sober enough to make the trip home without endangering yourself or others. So, what do you do if you find yourself in this situation? How do you respond? What should you expect?

The first thing to expect is that you will probably sit in your car for a few minutes before the officer approaches the vehicle. This is typically when the officer will be calling in the stop to dispatch and when he will be running an id on the vehicle to find who it is registered to. During this time don’t fidget in your vehicle. Don’t start looking around under the seats for your identification. If it’s not where you can reach it wait until the office approaches before climbing into the back seat to retrieve it.
When the officer approaches the vehicle he will ask for identification, proof of insurance, and registration. Hopefully these things are where you can get to them easily. If not explain to the officer that your purse is in the trunk or in the back seat and you will need to get it. Don’t start reaching for it without explaining what you are doing as this might signal to the officer that you are trying to hide something.

Always be polite to the officer. Do not give the office grief for pulling you over. It’s his job to ensure the safety of motorists and he is not to blame for your poor decision. If you are violent or abusive with the officer you have a better chance of spending the night in a jail cell. If you are nice to the officer you may be able to get out of the situation with only a warning. Of course the officer won’t allow you to drive home but they may be willing to give you a ride to your destination or allow you to call someone to come pick you up.

During your interaction with the officer he will be looking for tell-tell signs of intoxication. These signs might include erratic behavior, abusive behavior, bloodshot eyes, smell of alcohol, slurring of words, and clumsiness. If the officer notices any of these they will then ask you to exit the car. Don’t exit the vehicle unless the officer requests as this may be seen as a threat toward the officer. When exiting the vehicle the officer will then ask you to perform some test.

These tests are known as field sobriety tests. These tests look for reaction time and balance which are not normal when a driver is intoxicated. Field sobriety tests usually include having the driver close their eyes and put their finger to their nose. Another test used is having the driver walk a straight line down the road edge marking line. If a driver cannot perform these tasks or has a lot of difficulty the officer can assume the person is above the legal limit of consumption.

At this point the officer may ask you to take a Breathalyzer test. Most states do not require this test to be taken immediately and drivers can refuse. Not taking the test at this time or refusing the test completely will most likely end in a trip to jail where you will be formally charged with driving while intoxicated.

The best thing to do is to avoid getting into this situation. Line up a designated driver before going out if you plan on drinking. Know your limit and when to stop. If you have any doubt at all that you aren’t sober call a cab. Driving while intoxicated can not only mess up your life but the lives of other innocent drivers on the road. Think about the consequences before taking the risk. Always try and contact a good DUI Lawyer in Arizona for further expertise and information.

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