December 2008
Spirit of the Holidays
It's DUI season.
We are well in the midst of the busiest time of the year.The holiday season is upon us which usually means two months of non-stop activity. There is shopping, decorating, parties, charity, family gatherings and who knows what else to keep us busy over the next several weeks. But as an attorney, I know this is also one of the busiest times of the year for DUI arrests.
The title of this article was going to be “Blow Hard,” which is what a lot of police officers will be saying as they hand over the Alcohol Breathalyzer. Between the office parties, Christmas, New Years and Super Bowl Sunday , the opportunity to drink and drive is never greater.Being pulled over by the police is scary. Being pulled over by the police when you’ve had something to drink is absolutely terrifying.
Ebenezer Scrooge was haunted by three spirits on Christmas Eve which changed his life forever.However, if you’re being haunted by the spirit of the Grey Goose in your Apple Martinis and Cosmopolitans, your night could be just as scary and even more life altering.
A little advice.
Before I say anything about protecting yourself if pulled over for suspicion of driving under the influence, I would like to start out with a big dose of personal advice which is my Christmas present to everyone. If you’ve had anything to drink, and I mean anything, think twice before getting behind the wheel of a car.
First of all, it’s risky. The mandatory penalties for a DUI conviction have never been greater.These penalties include automatic loss of license, weekly alcohol classes and some pretty stiff fines. If you happen to be under the age of 21 at the time of the arrest, you can plan on losing your license for at least a year. Second, driving while impaired with alcohol or drugs is dangerous. A lot of lives have been ruined because of drunk driving and you don’t need to risk yours. Bottom line: DUIs are expensive. In the long run, it is a lot cheaper to call a call a cab or get a hotel room.
Don't panic.
That being said, I now get to my job as an attorney, which is to protect people. First, if you are pulled over for suspicion of DUI, don’t panic. As hard as it will be, the best thing you can do if you are pulled over is to remain calm. Whether a person who has had one, two or several drinks is over the legal limit to drive is a matter of time, body weight and gender (yes gender). Keeping your wits about you may mean the difference between getting arrested and not. And whatever you do, don’t offer up any incriminating evidence.
Second, if you have been cited with a DUI, I offer you the same advice. Don’t panic. There is a lot of bad science behind the current alcohol screening tests. Just because the test states you were driving beyond the legal limit does not necessarily make it true. Certain breath mints can cause a completely sober person to blow over three times the legal limit on the Breathalyzer test. And believe it or not, the blood test is not much more accurate.Depending on when the vial was taken and how it was later handled will greatly influence the result of the test.
Refusing to take either a breath, blood or urine test can result in a 1 year suspension of your driver’s licence. Regarding the question of the which test is the best one to take. I will only say that the breath test is less accurate than either the blood or urine tests and does not detect the presence of drugs in the system. After that, I leave it up to the individual to decide.