Law Offices of Gabriel H. Avina

Los Angeles Personal Injury and Criminal Defense Lawyers


Friday, August 19, 2011

DUI Crackdown this Weekend! Here are some tips.

According to the Los Angeles Times, there will be a DUI crackdown this weekend. Here are some tips for the weekend if pulled over.

1. Be nice to the officer. If the officer asks if you have been drinking, simply say, "I'm sorry officer, but I believe the activities I do in my private life are personal." Saying this means you're not lying to the officer and also not giving them incriminating information.

2. Politely decline to take any field sobriety test. Trust me, they are designed to create probable cause. Simply tell the officer, "I'm sorry, but my lawyer told me never to take those tests because there is no way to document how I perform on them."

3. Do not take the initial Preliminary Alcohol Screening breathalyzer test. This is the test at the scene when pulled over. However, DO take the breathalyzer at the police station. The first test only helps the officer, not you. The second one, after the arrest, is required or you risk losing your license.

Although this advice may sound counter-intuitive to some, it works. What it does is prevent the officer from having any direct evidence of actual driving with a BAC above .08% at the time of arrest.

Ride safe,
Gabriel Avina

*For more information see our Criminal Defense page.

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