Ways to Avoid Getting Arrested for Drunk Driving

An arrest for drunk driving can have major consequences. The loss of your license can follow swiftly after an arrest and you can face criminal charges that could possibly land you in jail. Costly auto insurance could be your new reality for many years, and if convicted, your criminal record could cost you many opportunities.  You don't want to take a chance of an arrest and a possible guilty verdict, so it is crucial to ensure you understand all of the steps you can take to avoid being arrested for impaired driving.

If you are arrested for driving while drunk, you need to contact a Tallahassee drunk driving lawyer as soon as possible. An attorney can help you identify defenses, evaluate evidence, and make strategic choices in deciding how to respond to the charges.  Call today to find out more about the assistance that an attorney can provide.

So, What Should You Do?

The best and easiest way to avoid a drunk driving arrest is to not drink at all before getting behind the wheel of an automobile. Many people have a mistaken belief they can only be charged if they are over the blood alcohol concentration limit of .08. This is not necessarily true.

While a .08 BAC is sufficient for a DUI arrest, it isn't the only way you can be charged. Younger people and commercial drivers can be guilty of impaired driving offenses with much lower than a .08 BAC. Even regular motorists who are of age could possibly be charged if police have reason to suspect a combination of any alcohol and/or drugs have left the motorist too impaired to drive safely.  To make sure you take no chances, simply refrain from getting behind the wheel if you’ve been drinking.

Of course, it is not always practical to avoid driving when you have had a little to drink. That said, there are other tips you can follow to avoid a drunk driving arrest as well, including:

  • Be aware of DUI checkpoints. DUI checkpoints are a common way for police to find impaired drivers. These checkpoints often occur in heavy drinking areas or during popular drinking times, such as after sporting events and on holidays. Checkpoints are legal in Florida under a case called Jones v. State, but there are restrictions required to make them constitutional.  An attorney can explain the rules and help determine if your arrest was proper if you're charged after going through a checkpoint.
  • Exercise your right to remain silent. You do not have to provide information to law enforcement when your vehicle is stopped. You have a Fifth Amendment right to remain silent. If you are being questioned or don't wish to provide info to the police after a traffic stop, ask to speak with a lawyer.
  • Know the rules for sobriety tests: You do not have to submit to a field sobriety test. The U.S. Supreme Court also ruled recently that you cannot be forced to submit to a blood test without a warrant or your consent; however, you can be required to take a warrantless breath test (with reasonable cause). Understanding the constitutional protections in place will help you make informed choices about whether to agree to tests that the police ask you to take.

These are just a few of the key ways you can try to avoid arrest for impaired driving. A skilled drunk driving lawyer can provide you with personalized solutions for what you can do if you actually are arrested, so call Soto DUI Defense for legal help as soon as you can following an arrest.