Sunday, June 24, 2007

Drunk Driving Survival Tips

Survival Tips if You're Accused of a DUI

Print this out and place it in your wallet or purse in case you are ever stopped and accused of DUI.

  • Officer, presumably you contacted me with probable cause. If you intend to cite me, please do so without delay so I may leave immediately.
  • If I am under lawful arrest and you intend to question me, I will not answer any questions without my attorney.
  • I will not perform any voluntary balance or coordination tests or breathe into any portable breath testing device not mandated by the implied consent law in order for me to avoid license revocation.
  • If you cannot say you do not suspect any drugs as causing the objective symptoms you claim to observe, then I demand my right to take a urine test and to save the void and sample for re-analysis. If you say drugs are not involved, I still choose a urine test.
  • If you claim it is not a first option, then I choose a breath test and when that is completed, I demand my right to a retest sample urine test.
  • I request that you attach this card to your arrest report and DS 367 addressing both probable cause and implied consent and that you video tape the implied consent admonition.
  • I do not waive any of my statutory or constitutional rights and I demand that I be given my phone calls within 3 hours of booking. I want to call my attorney at (805) 966-0812.

Avoiding a DUI Arrest

Seven Ways to Avoid a Drunk Driving Arrest
  1. Wait 12 hours after your last drink before driving. Consider taking a cab, having a sober friend drive, walking, or taking a hotel room. This is the easiest, safest way to avoid a DUI.
  2. Make sure all of your headlights, tail, brake, and signal lights are all working properly and that you have both rear and front license plates. Make sure that you turn on your headlights at night. Make sure your registration is current and properly displayed. Keep your car in good shape. Do not drive without a valid license and proof of insurance in your possession. You should keep your license, registration and insurance documents in the same place (put them all in an envelope in your glove box before you go out at night).
  3. Be polite and respectful. Obey the rules of the road: Drive at a reasonable speed, and at or below the maximum limit. Don't weave or lane straddle. Use your turn signals. Come to a complete stop at stop signs and red lights. If you have a flashy car know that everyone, including police, is looking at you. Make sure the flash is legal. Do not throw cigarettes or trash out of the car window. Don't blast loud music from your car. Make your drunk friends puke before they get in the car. If you do nothing to attract attention, then you will not be pulled over.
  4. DO NOT TAKE ANY VOLUNTARY BALANCE OR COORDINATION TESTS, and DO NOT LET THE OFFICER CHECK YOUR EYES - Horizontal Gaze Nystagmus (after all, he is not an "ophthalmologist" or an "optometrist").
  5. If you are 21, or older, DO NOT TAKE A "PAS" breath test (preliminary alcohol screening test). Tell the police you have been told the portable test is not as accurate as the real "implied consent" tests and that you know you don't have to take it.
  6. If arrested and accused of DUI, make your first choice to take a Urine test. If the police won't give you that option, take a breath test, then ask the police to give you a test that will save a sample. Choose Urine, and make sure and explain to the police that you want a sample by the least invasive and painless procedure, with the least chance of being infected with "Aids" or Hepatitis "C".
  7. If arrested, immediately hire an attorney who is a specialist member of California DUI Attorneys Association, and a member of the National College for DUI Defense, as well as one who is trained and certified by the National Highway Traffic Safety Administration (NHTSA) and The International Association for Chiefs of Police (IACP). This will insure that your lawyer is highly skilled in DUI defense.

Drunk Driving Defense Policies

Santa Barbara DUI Lawyer Attorney Payment Policies

Payment Policies: Reasonable flat fees and hourly rates available.

I understand that the cost of an DUI attorney is an expense that you weren't planning on. So I offer fees at a flat rate for everything but trial to assist you with your budgeting. Trial time is by the hour. In the alternative, you can pay a flat fee for Pre-trial, and a second flat fee if trial is required. Finally, if you prefer, you can pay one flat fee which includes all legal services, even a jury trial. You can pick the option that best suits you.

Of course I accept cash or checks. For your convenience, I'll also gladly accept payment by credit card. You may combine 2 or more payment methods.

In any case, the initial consultation with me is free, so there you will learn just what your rights and options are, without any risk or cost. When we are finished, if you're not convinced that I will be able to defend you to your complete satisfaction, then you can simply decide not to hire me ... and you'll owe me nothing.

Some people do try to defend themselves, but this is risky because the penalties are harsh. Good legal representation decreases many of these concerns. See what your DUI may cost.

Discover for yourself how I can help save your license and freedom by calling me at (805) 966-0812 now for your appointment, or contact me by e-mail at feedback@winyourdui.com