Friday, February 4, 2011

How you can reduce your risk of being arrested for a DUI.

How You Can Prevent A DUI Arrest?

Not all DUI arrest can be prevented but a few simple steps can prevent many of the stops that end in a DUI arrest. Some of these areas are not only easy to prevent but also can be difficult to litigate. A tag light stop is an example of a preventable stop that is often upheld by courts. 

Always walk around your car to make sure it is in good working order if you have been drinking or are on prescription medication and decide to drive. One of the most common preventable reasons for a DUI stop is the tag light or license plate light. This is a favorite stop method in jurisdictions that aggressively enforce DUI laws. If both lights are out it is difficult to defend. That does not mean all hope is lost because a DUI has other areas to challenge. If you make the decision to drive after drinking do a simple walk around your car to make sure your lights are in working order. A $1 light could cost you thousands in fines, attorney fees and increased insurance cost. Generally speaking if both lights are out at night the stop is valid. If 1 light is out the stop can be challenged by your attorney. Different lights have different rules for example 2 of the 3 brake lights must be operable. White light coming from a brake light can also provide grounds for a valid stop. A simple walk around your car can almost eliminate equipment stops. If you are arrested for a Central Florida DUI equipment stop contact Central Florida DUI attorney. Visit my Seminole County office at 209 West First Street, Sanford, FL 32771.  


Be careful with altered equipment and loud music.

Excessive window tint, loud music and loud mufflers are all common issues that result in DUI stops. Loud music might be a form of expression but if it is “plainly audible at a distance of 100 feet or more from the motor vehicle" then it's a basis for a stop. An officer can also make a stop for an extremely loud or defective muffler. Excessive Window tint is another basis for a stop. Some case law indicates that the legality of the tint might not be the standard instead it is the officer's belief of the legality. In Wimberly the issue was whether the officers had probable cause to believe that the windows of the car in which Wimberly was riding were illegally tinted, not whether the windows were actually illegally tinted. State v. Wimberly, 988 So. 2d 116. So it is possible that a legal tint could result in a valid stop if the officer's mistake of fact is reasonable. The windows in Wimberly were 35% when the minimum transparency is 28%. If you are arrested for a window tint stop in the Daytona Beach area go Daytona Beach DUI attorney. Visit my new office at 747 South Ridgewood Ave., #105 Daytona Beach, FL 32114. to 

Try not to make it easy for the police and State Attorney's office.

If you decide to drive under the influence try to avoid speeding and other distractions such as radios and phones. If the advice in this guide is followed many of the stops would be based on erratic driving, weaving, failure to maintain a single lane and other areas that are much easier for your attorney to work with. In aggressive DUI jurisdictions if you have any of these basic equipment violations in an enforcement area you can almost guarantee that the officers will stop to take a look. A tag light might not be a big deal but a DUI or drug seizure is. The inoperable tag lights is the officers admission ticket to take a look at you. If you have not been drinking the stop will likely be quick and painless but if you have had a few drinks you will likely find yourself on a one way track to jail. The optional field sobriety exercises are like running through a mine field hoping that you don’t step on anything. If you make it through then you get to run through it on the next exercise. If you are arrested for a DUI in Volusia County go to Daytona Beach DUI attorney. If you are arrested for a DUI in Seminole County go to Seminole County DUI attorney.