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| Dont Drive Drunk Source: sxc.hu, cc-by-3.0 |
You can’t fix stupid. –Ron White
When it comes to drinking and driving, there is nothing dumber or more selfish that a person can possibly do. Many people will even drive drunk on a monthly or worse yet, weekly basis. You’ll hear the common “I have a high tolerance” or “I’m a good drunk driver.” But people forget that alcohol causes your judgment to be reduced dramatically, meanwhile your confidence level will never be higher. That is why they call it “liquid courage”, it’s not that you’ve actually become braver but you really believe yourself to be more capable than you really are.
People genuinely believe they are ok to drive and since history has not proven them wrong yet, they’ll continue to get behind the wheel drunk until their luck runs out. Just because something has never happened does not mean it will never occur. Sadly that is the basis for “I’m a good drunk driver.” But conversely, there are times when you may have had a few happy hour cocktails with coworkers, or a few glasses of wine with dinner and do not feel intoxicated. However, when pulled over for suspicion of drunk driving the police don’t care how you “feel”, the only thing they care about is your Blood Alcohol Content.
Again, if you feel drunk or tipsy, you’re stupid for driving. Period. Nothing will change that, since you can’t fix stupid. But for those who really don’t feel intoxicated but are worried they’ll blow over .05 (which constitutes a DWAI in most states) or .08 BAC (DUI in all states), here is a quick list of things you can do when pulled over to help avoid being suspect of drunk driving.
Never Admit To Drinking Alcohol
When it comes down to it, police expect people to lie to them and especially if they’re guilty. So if you offer the “I only had a drink with dinner”, they will immediately tack on two drinks to that which would put you over the legal limit. Keep in mind a single pint of beer with a high alcoholic content is enough to put everyone over the .05 BAC legal limits, which constitutes a DWAI. And for smaller folks with less weight on them, it could easily tip you into the .08 BAC bracket, which constitutes a DUI. This is especially true if little time has elapsed since your last drink. That said; never admit to drinking any amount of alcohol, not even a single glass of wine. Because police will assume you’re lying anyhow, and you may well be over the legal limit due to that single beverage.
Be Courteous, Respectful, and Patient When Pulled Over
It may seem wrong that police always assume you’re lying, but to be fair they have to. Few people will admit to breaking the law, even when found utterly guilty. So try to remember that they are simply doing their job and be respectful of that. An officer may be more persuaded by someone who treats them kindly with respect than those who are unruly and rude.
Never Take a Roadside Test… Even If You Know You Can Pass It
Roadside tests are not legally allowed to be used in a court of law because they are simply flawed by nature. The ground may be uneven, wind may be blowing, oncoming traffic may frighten you, and so on. As such, they cannot be used to prove guilt since so many variables can throw the test results off.
But police officers still use it and even though the outcome can’t be used in court as evidence, a roadside test does give an officer an idea of whether you are sober or not. Due to this you should always decline taking a roadside test. Even if you do pass it with flying colors, the police officer can simply say you’ve failed as they are not only the test giver, but the judge as well. By declining to take the test though, you will be giving them yet another reason to be suspicious. However, suspicion in their eyes is still better than failing the test as it's still uncertain.
Never Take a Breathalyzer Test… Even If You Think You Can Pass it
As mentioned before, you could have had a single drink before getting behind the wheel to drive, and that single drink may put you over the legal limit. The problem is that no two drinks are the same, and neither is the same drink going to affect two different people the same. There are different alcoholic contents for similar beers, cocktails, and wines, while the size of the drink matters as well. Were you eating a meal with the drink (more as a longer lapse in time than the food masking the alcohol)? How much do you weigh? Are you male or female? Again a single drink can affect people differently, so you shouldn’t use that as the measurement of whether you’re legally safe to drive. You may well believe there is no way you’ll blow a high BAC, but a .05 is enough to give you a DWAI, and most people can reach that level by only drinking half a beer.
Note: upon declining a breathalyzer test you will have your licensed revoked for up to a year but you will not be charged with a DWAI or DUI.
If you’ve just finished a drink, been driving, and are pulled over soon after, there is a good chance you will blow over .05. In these instances, you can request to have a blood test taken which is far more accurate, but more importantly, gives you more time for the alcohol to work its way out of your system. Blood tests can only be taken at medical facilities and usually the amount of time that will elapse before arriving there is enough to put you into the clear.
Don’t Act Suspicious
When an officer pulls you over, their first thought is usually not that you are drunk. This is unless of course you’re driving seems as though you’re intoxicated; swerving, being erratic, not staying within your lane, driving without head lights, etc. An officer only begins to suspect you are drunk upon seeing you and how you answer whatever questions they ask you. But what usually has more weight is how you appear to the officer. If your eyes are half opened, glazed over, or if you are slurring your speech you may tip the officer into giving you a DUI test. But you also shouldn't attempt to aviod speaking or looking directly at them, in fact that makes them even more suspicious.
What you have to do, and will certainly not seem like an "aha moment," is act normal and remain confident. Look them in the eyes when you speak and don’t divert your gaze when answering a question. Have all of your information ready to give them as they approach your vehicle. Roll down your window as your speaking to them and overall, genuinely act as though you have nothing to hide. If an officer suspects you are hiding something, you can anticipate them to ask you more questions than may be deemed necessary.
Hopefully this article will help a few people avoid the trouble of receiving a DUI when it is undeserved. The law can often be a tricky and difficult course to navigate, and sometimes you simply have to be shown the right direction. In instances like being suspected of drunk driving, and sadly, honesty isn't always the best policy which is exactly what police anticiapte. This should go without saying, but if you know you are too drunk to drive or are over the legal limit... don't drive. It is dangerous and a rather selfish act. So drink responsibly and there is little doubt you'll ever have to deal with a being charged with a DUI.
The author of this piece is Damien S. Wilhelmi. If you enjoyed this article you can follow me on Twitter @CustParadigm. When I’m not writing about how to avoid being suspected of drunk driving, I am doing research for one of the best DUI Defense Lawyers in Colorado, always honing and furthering my understanding of DUI law.
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