DON'T DRINK AND DRIVE: This is the most effective measure for avoiding jail, obviously. DUI is the most frequently committed violent crime in the U.S, and this section would not be complete without recognizing that the surest way to avoid a DUI arrest is to simply not drink and drive. With this in mind, the following tips are provided by San Diego DUI Lawyer G. Cole Casey for the various stages of avoiding and managing a potential San Diego DUI arrest and incarceration.

  TYPICAL DRIVING PATTERNS OF IMPAIRED DRIVERS
San Diego Police Officers are trained to look for these specific patterns and driving behaviors as indicators of impaired driving. The National Highway Traffic Safety Administration's DWI - DUI Detection and Standardized Field Sobriety Testing Manual identifies twenty-seven specific driving patterns and behaviors as traits and indicators of drunk and impaired drivers. Avoiding these patterns will help minimize your chances of coming under suspicion for DUI:

1.  Turning with a wide radius
2.  Straddling center or lane marker
3.  Appearing to be intoxicated
4.  Eye fixation
5.  Tightly gripping the steering wheel
6.  Slouching in the seat
7.  Gesturing erratically or obscenely
8.  Face close to the windshield
9.  Drinking in the vehicle
10. Driver's head protruding from the vehicle
11. Almost striking object or vehicle
12. Weaving
13. Driving on other than designated roadway
14. Swerving
15. Speed slower than 10 mph below limit
16. Stopping in lane for no apparent reason
17. Following too closely
18. Drifting
19. Tires on center or lane marker
20. Braking erratically
21. Driving into opposing or crossing traffic
22. Slow response to traffic signals
23. Signaling inconsistent with driving actions
24. Stopping inappropriately (other than in a traffic lane)
25. Turning abruptly or illegally
26. Accelerating or decelerating rapidly
27. Headlights off at night
28. Using a cellphone handset instead of a hands-free device
29. Texting or reading text messages on a cellphone
30. Taking measures to avoid or evade the patrol car or police officer

  INOPERATIVE OR DEFECTIVE VEHICLE EQUIPMENT
It is always a good idea, prior to driving a car, to make a routine check of your brake lights, head lights, license plate lights, and turn signals.

  DRIVING DURING SPECIFIC HOURS
Be cautious when driving after 12 a. m. Most police officers believe that San Diego drunk driving incidents increase substantially after midnight. Cops avidly scan the roadways for late night drivers whom they suspect of being intoxicated and impaired.

  OBEY ALL TRAFFIC LAWS AND SPEED LIMITS
Come to full and complete stops rather than California ( rolling ) stops.   Avoid driving more than 10 miles per hour above or below the speed limit.

   EXERCISE YOUR RIGHT TO REMAIN SILENT
In California, other than questions about your identity, you are not required to make any admissions or statements regarding drinking and driving to a police officer. Prior to arrest, if you are questioned for DUI or drunk driving in San Diego, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the cop's questions concerning the DUI / DWI investigation, either before or after arrest, there will be no statements that can be later used against you in court. You will not err by saying too little, but can be almost guaranteed that saying too much will be inevitably used against you.

  DO NOT SUBMIT TO A ROADSIDE PRELIMINARY ALCOHOL TEST (PAS)
If you are older than 21, you have the right refuse to take a preliminary alcohol screening test. This on scene breath test is completely voluntary and you have the absolute right to refuse this type of breath test.

  YOU MUST CHOOSE BETWEEN A BLOOD OR BREATH TEST IF ARRESTED
You DO NOT have the right to refuse to take a blood or breath test AFTER you have been arrested for DUI. Doing so will create significantly more problems for you with both the DMV and the San Diego court system. Moreover, if you submitted to the PAS test on the roadside and you are over age 21, that test DOES NOT satisfy your "implied consent obligations" to take a breath or blood test, if arrested. This can be very confusing, especially now that the San Diego Police Department is using an "in-car" breath testing device that they will administer to you AFTER you have been arrested.

  BE POLITE, RESPECTFUL, AND COURTEOUS
It may not seem like it at the time, but the more cooperative and less antagonistic you are with the arresting officer, the better you will fare. Arguing with, fighting with, spitting upon, or cursing at the officer will NOT get you out of being arrested, and could result in additional charges being filed against you that will result in having to post bail to get out of custody, as opposed to being released on your promise to appear in court.

A study by the National Highway Traffic and Safety Administration [U.S. Department of Transportation Report No. H5-801-230] points out the effect of specific differences on a police officer's observations and conduct in the field:

"The officer's age and experience play a role in his alcohol-related arrest decisions. Younger officers, and those with relatively few years of seniority, tend to have a more positive attitude toward alcohol-related enforcement and make more arrests on DUI charges than do older officers. This result was found to hold true regardless of the type of department in which the officer serves or the specific type of duty to which he is assigned."

"The officer's personal use of alcohol is inversely related to his level of alcohol-related enforcement. Patrolmen who drink make significantly fewer arrests than those who do not, and those who drink frequently make significantly fewer arrests than those who use alcohol only occasionally."

"Lack of knowledge concerning the relationship between alcohol and intoxication is widespread among police officers and imparts a negative influence on alcohol-related enforcement. Most officers underestimate—often by a wide margin—the amount of alcohol a suspect would have to consume in order to achieve the statutory limit of blood-alcohol concentration."

"Specialized training has a strong positive influence on alcohol-related arrests. Patrolmen who have received instruction in the operation of breath testing devices and/or in alcohol-related enforcement—particularly in municipal departments—were found to lack this specialized training."

"Specialization in duty assignment can also enhance alcohol-related enforcement. Patrolmen assigned to traffic divisions, in particular, produce higher arrest rates than those charged with general patrol duties."

"Near the end of the duty shift, alcohol-related investigations decrease substantially. This is particularly true in departments that have adopted relatively time-consuming procedures for processing alcohol-related arrests."

"Weather conditions also affect alcohol-related arrests. There is encouraging evidence that foul weather has a positive influence on the attitude of many officers; they are more appreciative of the risk posed by an alcohol-related suspect when driving conditions are hazardous, and are less likely to avoid the arrest when those conditions prevail."

"The suspect's attitude can have a strong influence on the arrest/no arrest decision. If the suspect proves uncooperative or argumentative, a positive influence for arrest results. Conversely, the likelihood of arrest decreases when the suspect seems cooperative."

"The suspect's race is a key distinguishing characteristic in alcohol-related cases. The officers surveyed—the overwhelming majority of whom were white—reported releasing significantly more nonwhite suspects than they arrested. The data does not suggest that this reflects a greater tendency to exercise discretion when dealing with nonwhite drivers. Rather, the officers seem more willing to initiate an investigation when the suspect is not of their own race."

"Suspect's age is another distinguishing characteristic of these cases, and patrolmen reported releasing significantly more young suspects than they arrested. This appears to stem from two distinct causes. First, young officers exhibit more sympathy for young suspects, i.e., seem less disposed to arrest a driver of their own age group. Second, older officers seem more willing to stop young suspects, i.e., are more likely to conduct an investigation when the driver is young, even if the evidence of alcohol-related violation is not clear."

"Suspect's sex also plays a role in the arrest/no arrest decision. Patrolmen seem more reluctant to arrest a woman for alcohol-related violations, largely because processing of a female arrestee is generally more complex and time consuming."

The above excerpt is derived from the extensive array of articles surrounding the topic of drunk driving posted on the popular www.duiblog.com website

G. Cole Casey heads the top San Diego drunk driving defense firm. As a well known San Diego DUI lawyer, his proven track record and DUI Jury Trial Case Results are unmatched and unprecedented by any other DUI attorney in the region.

Call us twenty four hours a day at  (619) 237-0384  or  eMail Cole directly   now to discuss a legitimate and effective defense strategy for your driving under the influence case.