Note:  I am not talking about an arrest, here.  But, once you actually have your day in court, these are the key steps to making sure that you don’t get a DUI on your record.  And, that is the key objective, right?  (Also, for goodness sakes, never drink and drive.  But, if you do find yourself in this situation, these are the steps that you should follow):

1. Refuse the Breathalyzer Test: The officer will read the implied consent law. They will scare you that you are going to lose your license if you do not comply. You will.  However, a restricted license for violating the implied consent law is easy to get. And the hours you can get permission to drive within are rather limitless.  But if you lose you license because you blew more than a 0.08 BAC? You have to take the driving test, the eye test, your insurance goes up, and you just handed the state a DUI conviction on a silver platter. Life can go from slightly inconvenient to Charlie Brown kicking a football in about 20 minutes (that’s the time the DUI officer has to watch you before administering the breathalyzer).

2. Make No Admissions: Say nothing. If you’re asked “Have you been drinking tonight?”, just politely refuse to answer. Never offer how many drinks you’ve had (never, ever say “just a couple”!). Never provide a list of what types of drinks you may have had, what kind of fruit was in them, or whether you used a straw with your beer. Never state how long you were anywhere. Silence is golden, especially when it comes to your defense. Your defense lawyer (as in, me) will love you for it. You’ll be happier, too.

3. Don’t Stand on One Leg, Follow a Finger, or Touch Your Nose, or any other circus tricks: So-called Field Sobriety Tests (FSTs) are inherently flawed but still are permitted to be used by law enforcement. All they do is offer evidence against you. I have a bum knee from a soccer injury when I was 20 – there’s no way I could pass the FST’s sober. You shouldn’t try them either in what is already a stress escalating situation.

4. Don’t Mouth Off at the Cop: When it comes to negotiating with the assistant district attorney, it helps if the arresting officer doesn’t hate your guts.

5. Act Quickly: Retain an attorney within a few days of the incident. That way things like surveillance film, witnesses, and things that can generally help your case are easy to find and preserve.  Don’t wait until the day before court to decide to get a lawyer, which is something you were going to have to do anyway.

These tips may not keep you from getting arrested.  The only way to avoid that is to not drink and drive to begin with.  But, if you want to avoid a conviction and you want to keep your record clean, keep these tips in mind!