Tips on How to Avoid Getting a DUI

Posted by Wayne Housley | Feb 15, 2016 | 0 Comments

     Many people want to know what their options are prior to arriving at the police station. I have composed a list of tips on what you can do to minimize their chances of getting a DUI while they are being examined and questioned by a Mississippi law enforcement officer.

  1. Do not drink and drive anywhere in the state of Mississippi. While it is not against the law to have a drink and drive per se, you still must be below the legal limit of .08 in the State of Mississippi, and you must not be impaired while operating a motor vehicle.
  2. Upon being stopped, you are only required to present the officer with your driver's license and proof of motor vehicle insurance.  You otherwise have the right to remain silent and should exercise that constitutional right.  Avoid talking, answering questions, breathing in the officer's direction, and do not look in his or her direction.  If possible, avoid all eye contact with the officer.
  3. Once contact is initiated by the officer, he or she will question you prior to an arrest being made.  During this phase, you are not in custody for Miranda purposes, and should politely refuse to answer any of the investigating officer's questions.  To reiterate do not answer questions of the officer, but do so politely.
  4. Field sobriety tests are optional and voluntary.  Just be advised that if you comply completely with the officer's request, you may likely fail the tests.  Politely refuse the test. The officer cannot force you to do the test.
  5. Also refuse politely to blow into the hand-held gadget, aka, the preliminary breath testing device (PBT). This test is also voluntary and you can refuse it.
  6. Upon arrival at station, request to make a call to someone you know or to a DUI defense attorney.
  7. When asked to blow at the station, you still have a choice:  a) refuse and be marked as a refusal and surrender your license, or b) blow and risk being above 0.08.  I would recommend refusal except for a pilot or someone with a CDL.
  8. During the entire process, be respectful to the officers involved always being aware that videotaping is possible.
  9. At earliest possible time record and journal the incident from before traffic stop through the entire process until release at jail.
  10. Research and google possible DUI defense attorneys.  A qualified defense attorney will present your case in the best possible light and present the best strategy to get the best possible result.                                                                                                                                                                                             

About the Author

Wayne Housley

Commitment to your cause is my primary concern as an attorney. I have been litigating cases for almost twenty-five years and have tried criminal cases that range from speeding tickets to capital murder and family law cases ranging from temporary custody to divorce cases. Allow my experience to work for you.


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