DUI arrests and DUI convictions can have serious consequences, both immediate and in the future. When people speak with me, they are most often looking for advice on how to avoid a DUI arrest or how to avoid a DUI arrest turning into a DUI conviction. 101 Ways to Avoid a Drunk Driving Conviction by William C. Head, Esq. and Reese I. Joye, Jr., Esq. is a great resource to both questions and will be featured in a 10 part blog series here on the FL DUI Group Blog. The first part features ways 1-10 to avoid an Orlando DUI conviction.
1. Avoid any type of vehicle if you have become impaired by overindulging, because any means of transportation can lead to a DUI conviction.
3. Even a car being towed can lead to a DUI conviction if the person sitting behind the wheel is intoxicated, so avoid even getting in the front seat of a car if you are intoxicated.
4. If sleeping inside a car after you have been drinking, do so in the back seat, with the ignition off and the keys in your pocket, with the car off the highway.
5. Breath machines are subject to error when you have been recently exposed to volatile fumes, such as lacquer, paint, gasoline, or dry cleaning fluids. Always get a second, independent test.
6. Existing “illegal per se” laws in 45 states and D.C. allow the police to make a case against you regardless of any evidence of impairment; therefore, either keep your alcohol consumption to moderate levels, or don’t drive at all after having more than a few drinks.
7. Where faced with a traditional DUI charge, and the indicated level of alcohol allows the state to have a presumption of intoxication in its favor, the defendant must introduce evidence of non-intoxication to rebut the presumption, or face virtual certain conviction.
8. If the trial judge incorrectly instructs the jurors about presumptions (making it irrebuttable or mandatory), such instruction constitutes reversible error.
9. With blood tests, if the personnel drawing the blood for the state’s test do not follow the required rules and regulations, the test results can be totally excluded from the evidence.
10. In administering any of the state’s tests, if the person operating the machine is not qualified or certified in accordance with state law, the test is invalid. Requiring strict proof of the testing officer’s certification can often lead to a dismissal or a favorable “plea bargain”, where some flaw or defect in the proof of current certification is called into question.
Excerpted from the book, 101 Ways to Avoid a Drunk Driving Conviction by William C. Head, Esq. and Reese I. Joye, Jr., Esq.
Copyright 1991 by William C. Head and Reese I. Joye, Jr. Not to be reprinted, resold, or redistributed for profit, except with written permission, but may be freely distributed electronically provided that the entire file, including this notice, remains intact.
FL DUI Group. Dedicated DUI Defense. It’s what we do.
There are many intricacies and misconceptions when it comes to DUI laws in the State of Florida. This is why it’s important that you have an experienced and dedicated DUI defense attorney on your side. If you’ve been arrested for DUI in Orlando, Central Florida or anywhere else in the State of Florida, contact the FL DUI Group today for your free case evaluation.
At the FL DUI Group, we urge you never to forget the bottom line:
No DUI arrest is perfect. Law Enforcement officers are human. They make mistakes. Breath Test Operators are human. They also make mistakes. Breath Test Inspectors are human. They too can make mistakes. The breath test machine isn’t perfect. It often makes mistakes and in some circumstances can be flat out wrong. The FL DUI Group knows DUI cases. The FL DUI Group knows the mistakes that occur in DUI cases and we will expose those mistakes to the judge and jury. Let our truly unique experience work for you.
Your case deserves dedicated DUI defense. It’s what we do.