Florida Criminal Defense and DUI Defense Blog

18Mar, 11

Most people are so certain that being confronted by a police officer investigating a possible DUI-DWI offense will not happen to them that they make little or no preparation for the possibility.

About one million people made that error last year, and not a single one thought it could happen to him or her either.

Here are 10 things you can do to avoid getting arrested for drunk driving and still have fun.

Avoid a DWI Charge When Going Out for The Night to Have Fun

A short list of items to prepare for the “worst case scenario” will be helpful. Before you head out, make sure you have the following:

1.The name and phone number of the top DUI-DWI attorney in your area.

2. The “hard line” or “land line” phone number for a person who will be willing and able to bail you out of jail. Many jails only allow “collect” calls to be made, and cell phones can’t take collect calls. Don’t plan on using stored numbers on your cell phone, because it will be confiscated.

3. The phone number of a person who can come remove your vehicle from the roadway.

4. Clean your vehicle totally of any alcoholic beverage containers, including empties. Open container laws are written so broadly that you can be convicted of this offense even if the empty bottles or cans are weeks old and dry as a bone.

5. Take cash in the amount of $300 or more to cover your bond, more if you have any criminal record.

6. Take a credit card and a debit card. You may be forced to use one or the other to pay for bond fees or an independent test, if one is available.

7. Do NOT have even the slightest amount (this includes ashes in the ash tray) of contraband drugs or any other medications in your vehicle that:

(a) are not prescribed to you;

(b) are not in their individual, proper containers (original pill bottles from the pharmacy); and

(c) be sure to remove all paraphernalia (pipes, wrapping papers, bongs, clips, etc.) associated with any bad habits that may cause the police to tear apart your vehicle while searching for the hidden drugs that they KNOW must be there.

8. Keep in your possession the phone numbers of a co-worker who can cover for you if you do not get bonded out of jail in time for the next work day. Yes, you MAY be there for a couple of days.

9. Get the red out Take Visine with you to use after being in the smoky rooms and harsh lights. Red eyes are a symptom of a long, difficult day, not a DUI-DWI.

10. Use gum or mints, or even brush and floss your teeth before leaving to drive home. The odor of alcohol will be less prevalent if you take steps to freshen your breath before getting in your vehicle. Plus, even though having an open container of liquor, beer or wine in your vehicle can lead to legal problems, keeping a travel-size bottle of Scope or mint-flavored Listerine in the glove box can be a good explanation for the smell of alcohol in your car or on your breath.

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Attorney Mike Kessler
Written by: Attorney Mike Kessler

Attorney Kessler has been practicing criminal law in Florida for 30 years. He is recognized as is a leading authority on drunk-driving defense as well as a founding member of the Saint Lucie County Association of Criminal Defense Lawyers and co-author of The DUI Book: Florida Edition, the definitive resource on DUI in Florida.

To speak with Mike, call 772-466-4900 or click here for a free consultation.

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