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How To Avoid A DUI

Some people may argue that we are encouraging drunk driving by publishing this post. We get a large number of requests for mugshot removals regarding DUIs. A lot of times you can be over the limit without being impaired. The keyword here is impaired. If you are impaired you are more likely to let on to Law Enforcement that you have been out drinking. As far as Law Enforcement is concerned if you have had one drink you are pretty close to the limit regardless of impairment and they have nothing to lose by testing you once their suspicions are aroused. Actually, it is their due diligence to test you when you admit to drinking regardless of the amount.

Get A Designated Driver Or Use Mass Transit

The easiest way to avoid a DUI is by having a designated driver or not driving drunk. A lot of times the DD drinks but doesn’t get drunk. Kinda like a chaperone who drinks on the job. If you live in a big city mass transit is the best and easiest option. In fact, DUIs are a lot more common in areas that lack mass transit. Take for instance the town we are based…Tampa, FL. We have the HART system that runs during the day. Unless you’re a USF student taking the bull runner around campus. It is practically useless. So only people who can walk home from the bar after driving

A second option is to have friends drop you off and you cab it home, especially if you live in a suburban area where there isn’t convent mass transit. It’s best to not drive your car in the first place to a bar or anywhere you are planning on having drinks. If you drive your car there is an 80% chance that you will drive or ride with a drunk driver.

If you plan to have drinks and drive home eat something as soon as you sit down to have a drink. It’s best if you eat a full meal and drink a full glass of water before you drink.? Space your drinks out over time. The best option is to consume one drink every hour or less. If you drink more than one drink per hour match every additional drink with a glass of water. be sure to tip your server extra for the water as well.

Call A Cab Or Rideshare

If you drive your car and feel impaired you should call a cab. A cab is a lot cheaper than a DUI. Second, if you have AAA you can call them to tow you home, which most likely will work better for a woman than a man. I know a girl who has done this a few times. just keep in mind that if you are not the primary account owner you may call the primary account holder. So if your account holder is? a relative you don’t what them getting a call at 4 a.m.

The cheapens and most convenient option is UBER!! Most people have heard of UBER by now. You download the app. Enter your credit card info and whenever you need a ride simply open the app, turn on GPS, and request and UBER. You can see where your ride is in real time and pay through the app. You can use the link below to get a $20.00 credit when you sign up for the first time.

Sleep It Off

You can always call a friend or get some water and sit in your car for a nap. This will give you time to metabolize the alcohol until you’re no longer impaired. You may even want to spend the night in your car. It may be uncomfortable but it’s a lot more comfortable than a jail cell or sitting in a room with crazies waiting to get booked. Lastly, if you do get pulled over it’s not in your best interest to say that you left a bar or party. There are only a few places open late at night that people would be visiting, some restaurants, Walmart, Hospital, Greyhound Station, etc. Mention something other than a scenario that suggests something other than alcohol that matches your demeanor.

Avoid DUI Checkpoints

Generally, police set up sobriety checkpoints in areas where traffic in one direction is funneled down to a single roadway. In these situations, drivers can’t easily avoid a checkpoint by turning down another road.

Police running a sobriety checkpoint will typically have a roadblock set up where one or more officers are standing next to the traffic lane on the driver’s side. As each vehicle reaches the roadblock, an officer will ask a few questions and attempt to assess whether the driver has had anything to drink or might be under the influence.

The officers will allow most vehicles to pass through after only a short delay. But if an officer suspects a driver of being intoxicated, he or she will typically require the driver to pull over where another officer will conduct a more thorough DUI investigation.

If, as a result of the more thorough investigation (which might include field sobriety tests or a breathalyzer), an officer determines a driver has had too much to drink, an arrest is likely.

Why DUI Checkpoints are Generally Legal

To be legal, DUI checkpoints must be allowed under state and federal law. First, we’ll explain what the U.S. Supreme Court has said about the legality of DUI (driving under the influence) checkpoints under federal law. After that, we’ll quickly cover how state laws can also affect the legality of sobriety checkpoints.

The Fourth Amendment and Balancing Interests

The Fourth Amendment to the U.S. Constitution allows only searches and seizures that are “reasonable.” And when police pull over a vehicle, it’s considered a seizure for Fourth Amendment purposes. Typically, a vehicle stop is reasonable only if the police have a reasonable suspicion that the driver has broken the law.

But with DUI checkpoints, police stop every car on the blocked roadway–meaning police detain these drivers without having reason to believe they did anything wrong.

In spite of the general rule, the Supreme Court has found that temporary DUI checkpoint stops (without reasonable suspicion) do not violate the Fourth Amendment rights of drivers at checkpoints. Basically, the Court said the importance of keeping impaired drivers off the road generally outweighs the inconvenience and intrusion to motorists. (Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 (1990).)

However, the Supreme Court’s general approval of sobriety checkpoints doesn’t mean every detention at such a checkpoint is lawful. For example, if police were to delay a driver for an inordinate amount of time or search the inside of a vehicle without evidence of impairment or wrongdoing, it’s likely a court would find the stop went beyond what was reasonable. As with all searches and seizures, the legality of a DUI checkpoint detention depends on the circumstances.

DUI Roadblocks Might be Illegal Under State Law

Under the U.S. Constitution, as interpreted by the U.S. Supreme Court, DUI checkpoints are generally legal. But states have their own constitutions and statutes (laws written by state legislatures). These sometimes afford individuals greater rights with regard to interactions with law enforcement.

Several states, including Iowa and Wisconsin, have statutes that prohibit sobriety checkpoints. And in a number of other states–like Oregon, Washington, and Michigan–DUI checkpoints violate the state constitution. So, for law enforcement in these states, sobriety checkpoints aren’t an option.