How to avoid a drunk driving arrest

How to avoid a drunk driving arrest
©2011. Paul Stanko. All rights reserved.

Introduction

I have been a lawyer in Indiana since 1979.  I started out as a prosecutor trying hundreds of drunk driving (and all other criminal) cases.  I've served as a judge hearing drunk driving and other criminal cases.  Now I'm a criminal defense attorney and my practice is devoted to the defense of persons accused of drunk driving.  If you find yourself in that unfortunate situation, I will be happy to discuss your case with you, but won't you be better off if you can avoid being arrested in the first place?

This article is intended to instruct you on how to avoid being singled out for a traffic stop and subjected to the stress, embarrassment, and expense of a drunk driving prosecution.

I will avoid stating the obvious "don't drink and drive" drivel that MADD and other special interests spout.  The fact is that drinking for those of legal age is legal, as is driving, and also the combination of the two as long as you don't exceed the arbitrary limit the government has set.

Let's talk about that limit for a moment.  Back in the good old days, you actually had to be "drunk" to be convicted of "drunk driving".  Sorta made sense, didn't it?  Well, because it made sense (and because of lobbying by MADD and other special interests) the government had to change all that.  Now, you don't have to be intoxicated to be convicted.  You just have to be over the arbitrary "limit" that the government bureaucrats in Washington, DC have set.  That limit is .08 (I won't go into specifics about measurement).

Why does the federal government set Indiana's limit?  They don't "directly".  They just tell the states that if they don't impose that "limit", they will take away the states' highway funds.  Indiana's state representatives, like all others, lacked the courage to assert states' rights, therefore Indiana, like the other states, submitted to Washington bureaucrats and threw away your rights.  Just "follow the money".

So here we are.  Thanks to your elected "representatives" you are faced with potentially losing your license and having a criminal conviction for "drunk driving" even if you weren't drunk, but you were over the legal "limit".  Well, I don't write the laws; I defend people from them, so here goes.

Don't be noticed

There are far more cops on the road than in the past.  In a time of recession and spending cuts, most local governments consider cops as good investments.  By arresting their fellow citizens, cops generate potential income in fines, court costs, and user fees.  Your first step is to avoid being noticed by a cop.

1. Avoid bars, especially on Fridays and Saturdays.

If you are out on a Friday or Saturday night anywhere near a bar, there is a good chance that a cop is sitting in a spot near you.  That cop will probably pull you over for the slightest reason (or no legitimate reason at all).  If you speed, roll through a stop sign, weave within your lane (which is not a violation), or do anything else remotely "suspicious", you are a likely victim.

2. Keep your car in good repair.

If your tail light, brake light or license plate light is out, expect to be pulled over.  A cop will use this minor violation as a reason to pull you over and see if he smells "alcohol" on your breath.  Now, everyone (except cops) knows that alcohol is essentially odorless, but cops have a special ability to smell alcohol that other humans lack.  Their ability is so acute that they can even smell it when there is nothing there.  But seriously, keep this advice in mind.

3. Don't speed.

I've read hundreds of police reports where a person was pulled over for speeding faster than the "flow of traffic".  If you are in the passing lane, driving over the speed limit, and passing other drivers, your chance of being pulled over is great.

4. Signal every lane change and turn.

If you make a turn or change lanes without signaling, even if the only person within a light year is a cop, that cop will probably write you a ticket.

5. Wear your seatbelt.

I always wear my seatbelt, but not because government idiots tell me I should (that would be a reason NOT to).  I wear my seatbelt because I think it's a good idea, as I have since many years before seatbelt laws.  Nevertheless, the nanny state and its cops will pull you over if you don't wear your seatbelt.  My advice is to wear your seatbelt because it's a good idea.  If you choose not to (as is your right), just remember it increases the chance of cops getting in your face.  It also increases the chance of your windshield getting in your face (which is a good reason to wear a seat belt, but that's your decision, not mine).

6. Never agree to a search.

It's none of the cop's, or anyone else's, business what is in your vehicle.  I hear often about cops saying after a traffic stop "Is there anything in your car I should know about?" (MY response would be "No" (thinking: "because what is in my car is none of your business") which is an appropriate and truthful response, because the cop has no right to know anything about what's in your car).  If a cop asks you if he can search your car, your response should be "if you get a search warrant, sure".  As a matter of principle, you should never allow a government official or representative to do anything without proper authority.  No warrant, no search.

7. DO NOT perform field sobriety tests, ever.

The so called "standardized field sobriety tests" were concocted by a psychologist, not a medical doctor, who was contracted by the Department of Transportation.  They are designed for failure and have no correlation to normal physical functions or manual dexterity.  Even if they are properly performed by cops (which is rare), they are not accurate enough to prove guilt and are only indicative of probable cause to offer a breath, blood or urine test.  Submitting to such tests has no upside.  Don't do it.

A special note about Rights and Freedom.

I believe more in freedom than in rights.  If we all were truly free, "rights" would be unnecessary.  "Rights" are what the government (supposedly) acknowledges we possess.  When you are dealing with the government, even as a free person, you must be willing to assert your rights.  You probably need a lawyer to help you do this.