How to get out of a D.U.I.?

I was hit by a driver who got a DUI. I had to go to court twice and the guy got out of it. Here is the strategy that appeared to work.

You should confirm that these tips will apply in your state. I have noted where matters of state law apply.

1. Make these steps your plan and stick to them. Do not vary from them. Do not make other decisions because it looks like they will let you out of the DUI. If you drive drunk, determine in advance to hire an attorney if you get pulled. This will likely cost you over $1,000, despite what the phone book ads say. Be ready to spend it. One other step will cost you money, be ready to spend the money You can do all these without an attorney but it will be much trickier and you may miss a step that negates your whole strategy. Also, get an arrest report for the incident resulting in your DUI. They’re usually available a day after your arrest and are either free (as accused you have the right to one) or a nominal “copy charge” of a buck or two.

2. You should research your state’s “implied consent” laws. In this state, you have a right, even if they don’t tell you, to alternative tests. If you refuse all testing, it is “implied” that you are DUI. The officer will attest to this.

When you are pulled over and it is abundantly clear that you are going to get a sobriety test, this state grants you the right to a test of blood or urine if you do not want a breath test. INSIST ON A BLOOD TEST. I repeat: INSIST ON A BLOOD TEST. They will more than likely have to take you to a hospital to find qualified medical personnel to draw blood and administer the test. YOU WILL HAVE TO PAY FOR THE BLOOD TESTING SERVICES, including hospital and lab fees. AGREE TO THE CHARGES, EVEN IF YOU KNOW YOU CAN’T PAY. YOU CAN WORRY ABOUT PAYMENT LATER, CONCENTRATE ON ADHERING TO YOUR STRATEGY.

This in itself will not get you out of a DUI. The lab test will likely confirm your unlawful blood alcohol level.

3. This is the part where you may want or need an attorney.

The strategy is twofold: a) Ask for a judicial trial b) after you have set the trial calendar, show up on the trial date and ask for a continuance. Lawyers know technical points for asking for continuances, and there are certain circumstances under which judges must grant a continuance. Rescheduling is key to the strategy.

4. Subpoena to appear at trial EVERYONE who had contact with the accused. Again, you can do this on your own but lawyers can do it better and without mistakes. Subpoena the arresting officer, the arresting officer’s partner, any other police who showed up at the scene. This information should appear in the arrest report. Subpoena any hospital personnel you interacted with, including intake or clerical personnel, the person who drew blood, any doctors or nurses you interacted with. This will appear on the hospital paperwork you have a right to obtain. Subpoena the lab technician and any other lab personnel who tested the blood. His or her name will appear on the lab report. Subpoena anyone else whose name appears on the lab report.

5. One or more of these people will not show up. If you subpoena them, they are ORDERED to appear, but it’s not like jury duty so they won’t get in too much trouble for not showing up and won’t be paid $25 if they do. This is also where the continuance comes in - while there is a slim chance they will all show up the first time, there is virtually 100% likelihood that one or more will not appear twice. If subpoenaed witnesses don’t show up, the case MUST be dismissed for lack of prosecution.

If you have read to this point and you are a serious enough drinker to think you will have this problem eventually, you can actually just do this one thing: INSIST ON A BLOOD TEST. Then hire a lawyer later. It will be worth the money in keeping your license, not paying higher insurance rates, losing your job etc. Take the time to investigate your state laws and find out what you need to do to INSIST on a blood test. Police are very skilled at telling you that you cannot do certain things that you in fact have a lawful right to do I.e. get up and leave if you’re being detained without being arrested [caveat: cops can arrest you for almost anything with or without witnesses - disorderly conduct, resisting an officer, anything. If you do get up and leave they may then decide to arrest you for either the first concern or something they decide on the spot]. They will probably tell you that you either don’t have a right to a blood test or that they won’t administer it and if you don’t consent to a breath test they’ll charge you anyway. This is why you HAVE TO KNOW WHAT YOUR STATE LAW IS.

Also, consider this: if you are a serious enough drinker to plan ahead for a DUI, you have a problem with drinking. It is interfering with an orderly life. People who aren’t diabetic don’t worry that they have insulin on hand. Normal people don’t get DUIs or have to plan for it. Please know that if you use this advice, and it does work, you probably need to change your drinking habits.

Hire a good lawyer. However, if you’re guilty, they might probably can’t help.

I have heard that you might be able to take a class, which, if successfully completed can reduce the charges or points. Worth checking out.

Also, from what I have heard from Dr. Drew (Pinsky), statistically, someone who gets a first DUI will get more, and may need help. I’m just saying -not you- but the judge might have that on his mind, so be forewarned - and also contrite in court.

Good Luck !!