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The best way to beat a DUI charge is not to provide the evidence needed to convict. To do that read on. Drinking and driving is not advocated in any way. You should never do it, but many have made a misjudgment a time or two and gotten behind the wheel and driven when they not have. A mistake should not always have to wreck a person's life.  Talk as little as possible. Don't engage the cop in conversation as he/she will try to make small talk in an attempt to make judgments about you. Lots of conversation will allow the officer to smell any alcohol on your breath. Be respectful as possible and comply with orders such as producing a drivers' license, registration and insurance card but don't talk outside of those requirements. Never admit to drinking. If questioned about alcohol consumption, always say that you have not been drinking. Even saying, "one or two" is reason for the cop to probe a little deeper. Refuse all tests. If requested to do so, refuse them. The uniform tests that cops administer at the scene of a traffic stop are a breath test, an eye test and two other tests called divided attention tests to measure balance, dexterity and information processing. Refuse all of those tests. Cops use the results of those tests to establish reasons for arrest and will later testify as to the results. If the tests are refused, there is less for the cop to testify about. If arrested, refuse to provide specimens. If you followed the above steps but are still arrested and taken to a testing facility where you are further requested to provide a breath, urine or blood test, refuse. The results of these tests will be used against you so why provide the evidence? Request phone calls. This is a huge area where cops often make mistakes. People arrested for DUI have the right to make an adequate number of phone calls to seek advice as to what to do from friends, family or an attorney. If the phone calls are not granted, then evidence, if any, can be suppressed and not used against you. Control your behavior. Throughout the process, always remain calm and respectful. Even if you follow all of the above steps but act an obnoxious manner, your attitude can be used against you to paint of a picture of an irate drunk which in itself is evidence that the cop can testify to. |
ARTICLE RESOURCE: Note that refusing to provide bodily specimens may have harsher consequences on your driving privileges. That is a decision you must make beforehand. |
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