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					                                       Table of Contents
Preface // Intro Who should read this book?....Page 3-4

Chapter # 1 ......................................................... Page 5-6
Don’t choose to get a DUI in the long run. Have a “strategic drinking-driving
plan” in place, and test yourself before it’s to late!

Chapter # 2 ......................................................... Page 7-11
Here are 8 common sense simple things that you can do to prevent getting pulled
over by a cop in the first place, as well as some measures you should take today
to prevent a DUI arrest if you decide to drink and drive!

Chapter # 3 ......................................................... Page 12-13
Make a drinking journal and using an approved personal alcohol breath analyzer
approved by DOT (The U.S. Department of Transportation) as well as The
National Highway Traffic Safety Administration (NHTSA).

Chapter # 4 ......................................................... Page 14-18
Page Breathalyzer Selection Guide.

Chapter # 5 ......................................................... Page 19-20
Selecting and buying a approved breathalyzer is equal to buying a
Personal Anti-DUI-Insurance Policy

Chapter # 6 ......................................................... Page 24
DUI rules, laws and fines.

Chapter # 7 ......................................................... Page 25
Believe it or not, here are some of the many ways that you can end up getting a
DUI other then by actually driving a motor vehicle.

Chapter # 8 ......................................................... Page 26
When is it likely you'll get stopped?

Chapter # 9 ......................................................... Page 26-29
Here are some actual stupid ways that people we have interviewed ended up
getting a DUI...

Chapter # 10 ....................................................... Page 30-42
Dealing with the arresting officer. The do's and don’t's of dealing with a police
officer after getting pulled over when you have been drinking, and how to
possibly avoid a DUI.



                                                 Page 1 of 62
Chapter # 11 ....................................................... Page 43-45
Your Miranda Rights and The DUI exception!

Chapter # 12 ....................................................... Page 46-47
Dealing with your insurance carrier if you are convected of a DUI.

Chapter # 13 ....................................................... Page 48
Dealing with the DMV.

Chapter # 14 ....................................................... Page 49
Dealing with your states DMV mandated DUI course.

Chapter # 15 ....................................................... Page 50-52
Our study shows that typically there are a number of the big mistakes that some
people make after being stopped and arrested for a DUI, or other arrest
scenarios.

Chapter # 16 ....................................................... Page 53-54
You get charged with a DUI, do you need a lawyer?

Chapter # 17 ....................................................... Page 55-56
If you are charged with a DUI, what are the major questions your lawyer may need
covered?

Chapter # 18 ....................................................... Page 57-60
DUI Statistics.

Chapter # 19 ....................................................... Page 61
Disclaimer section.

Chapter # 20 ....................................................... Page 63
Consent Notice to Re-Produce This e-book.




                                                Page 2 of 62
                                How to Drink and Drive and Not Get a DUI
                                            `           By Richard Lane
_____________________________________________________________________
Preface // Intro
Who should read this book?
Answer: Anyone that wants to take an informative intelligent approach to avoiding a DUI.
You can take your chances and continue to play ‘DUI Roulette’ with your life, or you can
be smart and protect yourself by learning your rights and the strategies in this book. The
choice is yours. Choose wisely.

The Federal Bureau of Investigation estimated that there were over 1.4 million arrests for
driving under the influence (DUI) in the United States in 2009. Unfortunately, in most
cases, the average person that gets caught in the DUI Dragnet is treated as a common
criminal, although they are your everyday law abiding tax paying citizen. They simply are
some of the millions of normal Americans who decide to have a few drinks with dinner at
a restaurant, a couple beers at a friend’s house, sporting event, a glass or two of
champagne at a wedding reception, and so on. They feel they know their limit, but
unfortunate they were wrong! These folks are your relatives, friends, and co-workers.
These people are not alcoholics, nor do they regularly consume excess quantities of
alcohol. The vast majority of them have never been arrested before in their life! Yet they
ended up being and treated as felons, like bank robbers, rapists, etc., but in many states
they do “NOT” even have their National Miranda rights read to them as these criminals do!
These law-abiding citizens end up getting finger printed, their mug’s shot, and end up
spending the balance of their evening in the drunk tank! As bad as that process is, when
someone is convicted of a DUI, the financial impact is devastating. They must pay fines,
surcharges, attorney fees, significant increases in car insurance premiums, participate in
and pay for DMV/Court ordered substance abuse screening and treatment programs,
attend AA meetings, take time off work for court appearances, perform community service,
their license is suspended, it may even affect their job! The purpose of this book is help
prevent this from happening to you!

We hope the information in this book will greatly benefit you, as well as the people that you
care about. The layout of the book is structured to allow you to jump to any chapter that
catches your attention that may benefit from without reading it systematically chapter by
chapter. The reader should understand that the material provided is in no way 100%
accurate for all states due to the constantly changing, varied DUI/DWI laws across the
country.




                                       Page 3 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________
Preface // Intro
We do not seek donations, or contributions. We are completely self supporting in our
efforts to help keep our roads safer, and we can help save some of the countless numbers
of people lives that are affected by preventable DUI convictions, accidents, and deaths.

The book is free! However, we do make one simple request:
If you see value in our information, please help others by passing on this information by
sharing it with someone you care about. Please pass it on to as many people as you want.

You can help make a difference!

Thank you --
Richard Lane
avoidadui.org


P.S. This book addresses commonly asked questions and their answers regarding
avoiding a Drunk Driving Arrest. The information contained in this comprehensive
detailed report represents extensive research on over 100 internet sites including:
national DMV information sites, governmental DUI report sites, a countless number of
legal sites, support groups such as MADD, SADD, RADD, and BADD, just to name a
few. In addition it contains the authors unfortunate first hand experience in dealing with
his California DUI arrest, and his experiences dealing with the courts, the DMV,
DMV/Court ordered substance abuse screening and treatment programs, DMV/DUI
school, insurance companies, and lawyers.

It’s not intended to be a substitute for a consultation with an experienced criminal defense
lawyer. The “ONLY” intent of this web site, as well as the book, is for use as an information
guide, and it does not propose to offer legal advice about specific situations or problems.
As a result, viewing or receiving any of the information or material on this web site, or book
does not create an attorney-client relationship. Individuals or entities gaining access to this
web site, or book, or the information contained on this web site, or book should not act upon
this information without seeking counsel from a qualified lawyer in their home state.




                                        Page 4 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________
Chapter # 1
Don’t choose to get a DUI! Have a Strategic
Drinking-N-Driving Plan in place and have Anti-DUI-
Insurance, with an alcohol breath analyzer to be able
to test your self before it’s to late! Don’t try to run the
“DUI Dragnet System” without one.
The only sure way to avoid a DUI is not to drive at all after you’ve been drinking any
amount of alcohol. When you decide to drink and get behind the wheel of a vehicle and
drive you are potentially choosing to get a DUI. If you don't know exactly what your BAC
level is, (blood alcohol concentration) you just may be out of luck. With the extremely low
BAC (blood alcohol concentration) laws as low as .08 % in most states, makes it easy to
get a DUI. In fact you can simply go out and have 2 drinks with dinner and end up in this
situation, depending on the time and food consumption factors involved. If you have two
drinks and get behind the wheel of your vehicle within a one hour, or an hour and one half
time span, and your weight is average, you may be showing a .08 on the BAC scale, and
end up with a DUI. Sure you may have driven thousands of times before, and have been
very, very lucky, but the odds are against you.

If you choose to drink over the legal limit defined by your states DMV laws, your playing
DUI Russian Roulette. The gun is loaded. If you pull the trigger too many times
eventually, the bullet will be in the chamber, and if you squeeze the trigger when the bullet
is chambered, you’ll lose. In the long run it's not a question of if you will eventually get
caught, it's a simple question of when you will get caught, if you choose to drink and drive
without a “strategic drinking-driving plan” in place! The national anti-DUI litigation is getting
stiffer every year, and it is getting more sophisticated every day! The system is designed
to get you. The system is powerful. The system is methodical. This “we-will-eventually-get-
you-system” is very fine tuned. Drunk driving laws have consistently been getting tougher
for the last 30 years, and will continue to do so! Major increases in DUI patrol squads, DUI
traffic roadside stops, are all fueled by the continued pressure from the state legislatures,
federal government, and the courts, as well as from major support and funding from
powerful political lobbyists such as MADD, SADD, RADD, and BADD, just to name a few.
They have all joined forces to support these new drunk driving laws. There are national
bills currently before the courts that will mandate a jail sentence for even a first offender!
The odds against drunk drivers are increasing every day!




                                         Page 5 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________
Chapter # 1
When you are convicted of a DUI, the financial impact is devastating. You must pay fines,
surcharges, lawyer’s fees, participate in and pay for substance abuse screening and
treatment, take time off work for court appearances, perform community service, and have
your license suspended. A DUI conviction can cost you from $6,000 to $10,000 in some
states counting legal fees and fines, and may include jail time. This is not to mention the
embarrassment of having a ten-year record with the DMV and a lifetime record with the
Criminal Justice System.

In any event, I can appreciate the fact that you'd like to go out, want to go out, feel the need
to go out, and enjoy yourself and relax and have a few drinks. But unless you have a
“strategic drinking-driving plan” in place, you are “literally choosing to get a DUI in the long
run.” This book will provide you effective strategies for effectively navigating the DUI
Dragnet System. This book can provide you with the tools, wisdom, and insight necessary
to protect you from the cops and the lawyers you will probably face during your driving
years.

We strongly urge everyone, the next time they go out to dinner, a party, or to a club, to take
the guessing and worrying out of driving by having a “strategic drinking and driving plan,”
and to have backup additional Anti-DUI-Insurance by using a personal alcohol breath
analyzer.

These hand-held state-of-the-art devices are truly one of the most effective ways to prevent
getting arrested or re-arrested. In seconds you will know if you have had too much to drink.
Once you know exactly what your BAC ( blood alcohol ) percentage is, you can then make
the intelligent decision of choosing to drive, or not to drive!

Having and using a personal breath analyzer may not only save your licence, but it may
also save your life, as well as the life of others!

Be safe and smart - protect yourself! Don't drink and drive and get caught! Don’t let a DUI
ruin your life. TEST YOURSELF BEFORE IT'S TOO LATE!

Don't get caught because you don’t have one!




                                        Page 6 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________
Chapter # 2

Here are 8 common sense simple things that you can do
to prevent getting pulled over by a cop in the first place,
as well as some measures you should take today to
prevent a DUI arrest if you decide to drink and drive!
Here is the scenario:
You and your significant other have gone to a restaurant and have shared a few glasses
of wine together with a meal. Now it’s time to head home. You are the designated driver.
You drive a short distance away from the restaurant and you see those intimidating
“flashing blue and red lights” in your rear view mirror! Your mind races, a police car is
behind you, and you get pulled over.

Here is a question that you should ask yourself today:
What should you do, or what can you do in advance to prevent turning your next
evening out into a potentially very ugly DUI arrest situation!

Our answer is simple:
We suggest that you take the following important steps before you decide to go out and
have a few, as well as some smart things to do during your drive home.

1.) Take some time before you go out on the-town for a few to double-check any potential
problems your vehicle may have that could cause a cop to pull you over. Check all the
simple basic things like your turn signals, taillights, brake lights, licence plate/registration
renewal stickers, your license plate light, even your equipment inspection sticker if it’s
required in your state, as well as anything else that could attract unwanted attention to your
vehicle. Doing this on a periodic basis only takes a couple of minutes of your time. If you
don’t take the few minutes to do it, it may cost you a countless amount of time, aggravation,
and money if you get arrested for a DUI because you decided to drink, and drive, and
ended up getting pulled over for a simple burned-out tail light infraction!

Our research shows that the Federal Bureau of Investigation estimates that there were over
1.4 million arrests for driving under the influence in the United States in 2009. The majority
of these people were not stopped because they where driving the wrong way on the
freeway




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                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________
Chapter # 2
with their lights out, or for other obvious drunk driving signs, they were most often stopped
for other simple preventable reasons. Typically what happens is that a cop will stop
someone for a burnt-out taillight, or turn signal, or for doing an incomplete stop at a stop
sign, and ends up smelling alcohol on the drivers breath and arresting him for a DUI, the
rest is history.

2.) It is also recommended to take the time to search your vehicle for any incriminating
items before you leave home. Do you have any empty beer cans that you threw under your
seat, or the back of your SUV, or truck during your last trip to the beach, last fishing trip,
or golf outing? Are there any remnants of marijuana in your ashtray? What’s in your glove
box? Are there any potentially incriminating items in your vehicle that may lead to an
arrest? Any lethal weapons, firearms or knives? A cop’s goal is to check your vehicle for
possible drugs, weapons, even illegal aliens. It's his objective to stack up as many things
as possible that he can put into his arrest report if he pulls you over. So why stack the
arrest trump cards against you? The old saying is very often true, a stitch in time saves
nine.

3.) Make sure you don’t have a “stop me and pull me over red flag” on your vehicle for a
cop to see as you drive down the road. In addition to double-checking potential basic
things on your vehicle, such as tail lights, make sure you have your head lights turned on
at night, and be sure to use your high beams appropriately. Make sure you and any
passengers in your vehicle are using the seat belt’s if your state laws require them. Use
your turn signals. Stop at every stop sign, and stop completely. Don’t drive slower or faster
than the posted speed limit. The police are looking for any reason possible to pull you over.
It’s their job! So don’t give them any stupid reason to pull you over, especially if you have
been drinking!

4.) When you are driving home, try to stay in the flow of traffic. Try to get in between two
other vehicles and travel at the same speed as they are. We call it the “rocking chair,” one
vehicle in front of you and one behind you. It makes you less likely to be targeted and
singled out for a road side stop by a cop because he observed your erratic driving
behaviors, or he saw that burnt-out $1.99 tail light, that you never took the time to fix!

5.) Watch out for DUI blocks. These days they are all to common in the potential DUI hot
arrest spots! Your local high traffic dining, dancing, party-going spots! Because of major
national pressure from state legislatures, the federal government, the courts, as well as
major support and funding from powerful political lobbyists such as MADD, SADD, RADD,
and BADD, road blocks are popping up at an alarming rate as part of the “We-Are-Out-To-
Get-Ya” DUI Dragnet. Holiday weekends are a favorite time for roadblocks. The fines are



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                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________
Chapter # 2
actually doubled for DUI arrest at holiday times in many states. They are a huge source of
additional revenue for cities and counties! Revenue that may ultimately fund additional
road blocks to trap even more drunk drivers. In most cases you will see a DUI road block
well in advance of the actual stopping point. Many states have laws that require a driver
to be warned well in advance of the road block funnel to prevent the cops of being accused
of “entrapment,” and as a result the DUI case being dropped in the long run. If you see a
roadblock up ahead, we recommend turning onto another street as casually as possible to
avoid it if you can. Pay close attention to any potential cop vehicles, like black unmarked
SUV’s parked on the road side facing you, as well as driving behind you. It’s all part of their
road block game. They anticipate a drunk driver will try to avoid their trap and plot to get
him anyway. The good news is that there are laws in many states that prohibit a cop from
pulling you over, just because they claim you were trying to avoid a roadblock. If a cop
stops you under such circumstances, a good lawyer will often get any evidence suppressed
that the cop arrested you as a result of such an “entrapment” stop because he didn’t have
“probable cause” to stop you in the first place.

6.) Make sure you have all your motor vehicle documents handy so you can put your hands
on them if you get pulled over without having to fumble through your glove box. Have your
drivers licence, registration, insurance cards, etc. already, at an arms reach the moment
you see the flashing blue and red lights come on! Roll down your window, shut off your
radio and engine, and keep your hands on the wheel. Sit calmly and be prepared in
advance for the "We-Got-Ya, and we are going to do a dance in your face" arrest game!

7.) We highly recommend buying one of those small inexpensive hand-held tape recorders
and keeping it handy in your car as a smart backup counter DUI and other arrest defense
measure. You should buy one for each of your cars and keep it handy right next to your
vehicle’s documents. We recommend to periodically check-it-out to verify that the batteries
are working. If you get stopped after drinking, it could be a very valuable piece of evidence
in your favor. These days you must assume you are being videotaped from the moment the
officer pulls behind your vehicle and stops you. It’s almost a standard state wide practice.
Your personal tape recording will be your record of the events that occurred that can be
used in your defense. It is not unheard of for the police videos of your arrest to turn up
being edited at those precise moments that favor you the driver, as apposed to the
arresting officers incriminating video footage against you. After all, they have the master
tape of your arrest, and you don’t! You will not even see your arrest video tape until you
go to court, unless you hire a lawyer and he attains a copy of it. If you have your personal
audio copy of the road side pull-over-event, you may end up making a recording of a cop
making a mistake during your questioning and subsequent arrest that a lawyer can use in
your



                                        Page 9 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
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Chapter # 2
defense. For example you may catch the arresting officer on tape violating your states’ DUI
law and arrest procedures. He may not have read you your Miranda Rights, or the implied
consent laws. If this actually happens, your might get lucky, the case may be dismissed or
the charges dropped. The end result is that this simple $25 investment for a cheap tape
recorder may produce a great return on your investment! In any event, you can always use
your recorder for entrainment purposes to make recordings of yourself singing along to your
favorite tunes on the radio during your drive home.

Here is our simple advanced warning about tape recordings: We advise you to check your
states’ laws regarding recording another person with or without their knowledge. In general,
our studies have found out that you can record anyone, anytime, as long as they know they
are being recorded. You don’t have to announce it to them, any more than the cop that is
video taping you has to warn you. If you are pulled over, simply put your tape recorder in
plain sight on your dashboard, and turn it on for your protection.
( See the chapters your Miranda Rights and The DUI exception, as well as the implied
consent laws for more details.)

8.) If you end up getting pulled over for any reason whatsoever, our advice is to never
argue with the cop! It’s an argument that you will never win. Stay calm, cool, and in control
of your emotions. Listen politely and attentively to what he has to say, and his reason for
puling you over. Technically, under the law, a cop can’t stop you just because you are
driving a hot looking red sports car. It’s his job to document the reason for the stop, and
all the surrounding details in order to build a successful case against you that will stand up
in court. But, unfortunately when you get pulled over it’s your word against his. They can
make up many reasons they want to for pulling you over. For example may say they saw
you:
        Make an incomplete stop
        Driving erratically
        Failing to signal, etc., etc., etc.

The bottom line is if you “have been drinking” but don’t know what your BAC is, and you get
stopped for any simple traffic violation, don’t do anything to provoke the officer. Don’t give
him an opportunity to evaluate your speech and smell your breath, or otherwise. Accept
his traffic citation politely (even though you know you didn’t do it), proceed to drive home
very carefully, and once you shut the door behind you, get on your knees and thank your
lucky




                                       Page 10 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________
Chapter # 2
stars for your good fortune of simply ending up with a minor traffic violation and fine, and
not with a DUI!




                                      Page 11 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________
Chapter # 3
Make a drinking journal and use an approved personal alcohol breath analyzer
approved by DOT (The U.S. Department of Transportation) as well as The National
Highway Traffic Safety Administration (NHTSA).

We suggest making a drinking journal so that you can see specifically how alcohol interacts
with your body. Everybody reacts differently to exactly the same amount of alcohol. How
your body interacts with alcohol is based on many factors. Your body mass, your sex, even
your nationality has an effect on the way your body metabolizes alcohol. Factors are based
on exactly what type of alcohol you drink, how your body interacts with that specific type
of alcohol, what time of day it is, and even what is your frame of mind at that particular
moment that you are deciding to get behind the wheel of a vehicle.

And if want to drink and drive and roll the dice against the system, the intelligent thing to
do is to have a drinking and driving journal. So that even without using a breath analyzer
you'll have a good understanding of your body chemistry and the way your body
metabolizes alcohol. Again, we can't stress the importance of knowing exactly where you're
at, BAC percentage wise, when you've been drinking and decide to get behind the wheel
of a vehicle!

The one hour rule states that your body should metabolize one ounce of alcohol in one
hours time. But the rule is not totally accurate. There are many other factors governing the
time “your body” needs to metabolize the amount of alcohol in your system. Every one’s
body is different. Some of the “many factors” that are unique to your personal profile
include your height, weight, gender, the amount of food you have consumed, the time of the
day, the amount of sleep you have had, what you're drinking, your body's metabolism, even
your frame of mind. In addition you can react to alcohol in different ways at different times.
The way your body metabolizes alcohol can and will vary from day-to-day.

If you don't know exactly where you are on the BAC percentage scale, and you're
above the legal limit, you have potentially crossed the line into the "We've Got Ya
Zone”. The "We've Got Ya Zone,” is a very expensive, time-consuming, aggravating,
embarrassing, place that any sensible person should not find him/herself in.

It's hard if not almost impossible to determine your exact BAC percentage at any given
point. You may think after having X amount of drinks, some food, and a that reasonable
amount of time has elapsed, you feel good, you feel confident, you feel very sharp in fact,
that you’re good to go! You may even feel that you can conquer the world. But the truth




                                       Page 12 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
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Chapter # 3
is that unless you have an accurate measurement of your BAC, you may be queuing
yourself up for a major life changing experience, a DUI.

There is only one safe way to determine if you are at risk for a DUI. That is with an
accurate self testing breath analyzer. There are some testers that are DOT/NHTSA
approved, they are the same units that many police agencies use for field sobriety test.
These state-of-the-art small portable breath analyzer’s units run on 9 V battery. They can
be used over and over again, for as many as three hundred tests between battery changes.

The small investment you choose to make for one of these state-of-the-art units could save
you countless amounts of money, time, effort, and pain.

We recommend considering the investment in a BAC unit as buying extremely inexpensive
Anti-DUI-Insurance. This one time purchase of a DUI insurance policy will protect you
whenever you need it.

If you follow the rules and suggestions, the odds against you getting caught up in the
system, the "We-Got-Ya-Zone" and having the unfortunate ordeal of getting a DUI are
entirely in your favor. The game is very simple, if you choose to drink and drive, and you
do not have a “strategic drinking-driving plan in place,” the odds are that you will eventually
get caught for a DUI.

Some BAC analyzer’s are DOT/NHTSA approved.
See chapter #4 for more information about the DOT/NHTSA approved units.




                                       Page 13 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________
Chapter # 4
Breathalyzer Selection Guide

The purpose of the Breathalyzer Selection Guide is to provide you with a brief overview of
breath alcohol testers so that you can make an informed decision about which breathalyzer
is right for you. This guide summarizes how alcohol breath analyzers work and the factors
to consider when selecting an alcohol tester. This guide also provides an overview of the
four types of alcohol testers available on the market today.


How does a breath alcohol test (Breathalyzer)work?
When alcohol absorbs into your blood stream, it becomes possible to determine an
individual's degree of intoxication by ascertaining the alcohol concentration percentage in
the person's blood -- known as "blood alcohol concentration" ("BAC"). An individual's BAC
can be measured two ways: (1.) invasively (drawing a blood sample), and (2.) non-
invasively (breath, salvia, or urine samples). Invasive testing is generally performed at
health care institutions by specialists equipped to perform the procedure, while non-
invasive testing is used primarily by law enforcement officials because it is more feasible
to perform. Of the different types of non-invasive testing, breath testing is the most
common procedure because it is quick and less expensive.

Many people wonder how breath alcohol content (“BrAc”) is converted into BAC. As air
moves in and out through the same set of respiratory tubes, continuous mixing of inhaled
and exhaled air occurs. Air moves from the nose/mouth to the trachea to two tubes (one
for each lung), known as the bronchi. The bronchi separate into several subdivisions,
which end in a large number of tubules. At the end of the tubules are the alveoli, and a
person's lung contains millions of alveoli. Surrounding the alveoli is a fine network of
capillary blood vessels. At this level the blood exchanges chemicals with the air in the
lungs. Studies show that the alcohol concentration in the lower portion of the lungs is
proportionate to the concentration of alcohol in the blood at a ratio of 2100:1.

To obtain an accurate correlation between blood and breath alcohol levels (typically
2100:1), the alcohol tester must be able to capture an air sample from the lower portion of
the lungs. A person's vital capacity (volume of air that can be expelled without collapsing
the lung) can range from 1 liter to 7 liters, depending on factors such as age, gender,
physical condition, and disease status. If an alcohol tester requires too long of a breath
sample before testing the person’s breath alcohol content, then the risk is that the person
will not be able to provide a sufficient breath sample. On the other hand, if the alcohol
tester captures a person’s breath alcohol content only after the person exhales a
minimum amount of air, then the correlation between breath alcohol content and BAC will

                                     Page 14 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
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Chapter # 4
Breathalyzer Selection Guide


be poor. Typically, alcohol tester protocols will require the test subject to exhale air for
at least 5 seconds to obtain a high correlation between BrAc and BAC.

Newer and more advanced alcohol testers can track the force of the exhale over time to
ensure an adequate lung volume is achieved. Most professional-grade alcohol testers
measure the force of the breath sample to prevent “fake blowing” through the device
and inaccurate results.

What factors are relevant when selecting an accurate alcohol tester?
Many factors should be considered when selecting an alcohol tester. First and foremost,
accuracy should be an important factor unless you are merely looking to purchase a novelty
item at a low cost. If you care about accuracy, then it is important to compare the accuracy
levels listed in the specifications for each unit. However, keep in mind that the accuracy
reported in the specifications is often mistakenly viewed as the true accuracy of the unit
when testing a human subject. The accuracies listed in the product specifications for each
unit are usually based on a controlled testing environment using an alcohol simulator
device. This does not account for the ability of the alcohol tester to capture an accurate
breath sample. As a result, you should consider the following factors to determine the "true
accuracy" of an alcohol tester:

1.) Whether the alcohol tester is cleared by the Food and Drug Administration (FDA)
and the Department of Transportation (DOT)) as well as the National Highway Traffic
Safety Administration (NHTSA).
The Food & Drug Administration (FDA) classifies breath alcohol testers as a Class I
Medical Devices, which means the FDA must review and clear any breath alcohol tester to
determine if it is safe and effective prior to the device being sold over-the-counter for
personal use. It is a violation of federal law for a company to sell or distribute a breath
alcohol detector for personal use if the device is lacking or pending FDA 510K clearance.
The product that we recommend, “The Alcohawk® Series” is the only line of digital breath
alcohol detectors in the USA that have been cleared by the FDA to be legally sold over-the-
counter for personal use.

The National Highway Traffic Safety Administration (NHTSA), a division of the U.S.
Department of Transportation (DOT), is responsible for testing breath alcohol testers to
ensure the devices conform to the model specifications and accuracy requirements for use


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Chapter # 4
Breathalyzer Selection Guide

by law enforcement professionals throughout the USA. The Alcohawk® Series is the
only line of digital breath alcohol detectors with both FDA 510K clearance and
DOT/NHTSA approval.

2.) Whether the alcohol tester captures a deep lung air sample and monitors pressure.
The best alcohol testers are capable of detecting both the duration and force of an exhale.
Most individuals can easily blow a steady breath for at least four seconds. Confirming
the force of the exhale is important when testing another individual because older devices
that only capture breath samples after a specific period of time give the test subject the
ability to exhale hard enough to activate the unit but then weaken their exhale in an attempt
to provide a diluted sample.

3.) Whether the alcohol tester requires mouthpieces to minimize the impact of
external air.
We strongly recommend alcohol testers that require the use of a mouthpiece when
capturing a breath sample. Any alcohol testers that do not require the use of a mouthpiece
(known as Passive Testing Units) allow other air to mix with your breath sample, which can
greatly alter the accuracy of the alcohol testers.

4.) Whether the alcohol tester has good sensor accuracy in a controlled environment.
We recommend alcohol testers that have a sensor accuracy of at least +/- 0.010% at
0.100% BAC when testing in a controlled environment. This means that repeated testing
with a 0.100% simulated breath solution would not provide readings on the unit any higher
than 0.110% and no lower than 0.090%.

5.) Whether the alcohol tester can be re-calibrated.
Over time, all alcohol testers may need to be re-calibrated. Calibration is a process where
you program the internal software so that it can gauge specific BAC levels. If the sensor
becomes saturated, then the results can become skewed. This is because the unit was
originally calibrated when the sensor was unsaturated. This process is sort of like winding
a clock. When the clock is first set it displays accurate time. However, over time the clock
gradually drifts a few minutes, and eventually can be off by quite a bit if you do not
occasionally reset the clock. When selecting an alcohol tester, it is imperative to select a
unit that is capable of being calibrated.




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Chapter # 4
Breathalyzer Selection Guide

Here is an overview of the types of alcohol tester technologies:

There are essentially four types of technologies to measure the air in lungs to
individual's estimate BAC:
Semiconductor Sensor Models
Fuel-Cell Sensor Models
Infrared (IR) Spectroscopy Models
Gas Chromatography Models

Semiconductor Sensor Models
The presence of semiconductor units has increased rapidly over the past few years. The
main advantage with these types of units is that they are relatively inexpensive. Since
many semiconductor models are available, it is important to look at several relevant factors
when selecting which unit is right for you. The relevant factors to consider when selecting
a breath alcohol tester discussed above.

Based on the various factors to consider when selecting an alcohol tester, we break down
semiconductor models into two categories: Novelty Grade and Professional Grade.

Novelty-Grade Semi-conductor Models
Many alcohol testers in the market are designed to test passive samples of breath, which
means a breath sample is taken without the use of a mouthpiece. It is common to use
passive testing because it is easy to simply test for the presence of alcohol on the breath.
However, passive testing is typically less accurate and can often lead to unreliable results.
The results of passive testing units are greatly altered by the surrounding environment as
their sensor is highly exposed to any pollutants in the air. It can also be difficult for the user
to judge the correct distance to the space where to exhale into the unit.

Professional-Grade Semi-conductor Models
Professional grade units meet the strict requirements for approval by the Food and Drug
Administration (FDA),and Department of Transportation (DOT)/National Highway Traffic
Safety Administration (NHTSA). These units have a well-designed breath capture system
and are programmed to test deep-lung air samples.




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Chapter # 4
Fuel Cell Models
Fuel Cell units are the gold standard of handheld alcohol testers. The fuel cell units are
used by police officers, employers, substance abuse counselors and the like. Professional-
grade semi-conductor units and fuel cell units have similar accuracy, but the fuel cell units
are designed to be more specific towards alcohol detection. As a result, fuel cell units
reduce the risk of false-positive readings from non-alcohol substances. Some of these
units such as the Phoenix are designed for evidential testing, which means the results can
potentially be used as evidence in a court of law. The only major draw back with fuel cell
units is the cost, as they retail from $400 - $700 per unit.

Infrared (IR) Spectroscopy and Gas Chromatography Models
These units are utilized at police stations and are used mainly as evidential testers because
they are extremely accurate and specific. These units are not yet manufactured to be
handheld / portable units. These units are also very expensive, usually over $1000.

These statistics were copied from:
Q3 Innovations, LLC, the manufactures and distributers of the AlcoHAWK®® Series line of
the digital breath alcohol screening devices.




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Chapter # 5
Selecting and buying a approved breathalyzer is equal to buying a
Personal Anti-DUI-Insurance Policy

According to the U. S. Dept. of Transportation as other studies, 80% of people that were
interviewed admitted to drinking and driving. Further, The Federal Bureau of Investigation
estimates that over 1.5 million people get arrested every year for drunk driving. The
common mistake that they made is that they were just guessing what their BAC ( blood
alcohol concentration ) levels where when they decide to drink and drive. They thought that
they were OK to drive. Wrong! As a result of there bad guess they got a DUI!

We recommend that you buy a breathalyzer as critical first step in your protection against
getting a DUI.

       Using a breathalyzer offers you a safer intelligent way to drink and drive.

       Using a breathalyzer lets you know if you are complying with your State DUI laws.

       Using a breathalyzer can save you the cost of legal defense, penalties, lost wages,
       humiliation, and above all it can save lives.

       Using one could be the difference between you going to jail or going home to sleep
             in your own bed.

       The bottom line is that using a tested and certified DOT/NHTSA approved
             breathalyzer device can, when used properly, prevent you from the
             unfortunate experience of getting a DUI.

Think about it: Making a one time small investment of $89 to a $99 to avoid a possible
expenditure that could ultimately cost you $ 6,000 to $10,000, as well as all of the
aggravation, time and hassle related to a DUI? Talk about a great return on an
investment. It’s like buying a super inexpensive, Life-Time Personal Anti-DUI-Insurance
Policy for the cost of a few dinners out with your significant other.

If you are not serious about taking the time and effort to avoid a DUI, we strongly advise
that you stop reading this right now! If you are serious, make the intelligent choice to get
your DUI-Insurance-Protection right now! Buy one of our BAC testers that are approved
by The Department of Transportation, (DOT), as well as The




                                      Page 19 of 62
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Chapter # 5
National Highway Traffic Safety Administration, (NHTSA). Buy one right now, it’s that
important! As a matter of fact, it’s a very smart idea to buy one for every car you own,
as well as for your “under 21" children’s vehicles. After you receive it, make sure you
put it in your car, and use it. It doesn’t do you any good if you leave it home gathering
dust in a drawer.

These portable BAC testers are very inexpensive investments for the state-of-the-art in
technology, that will give you feedback on your BAC. You need to know your BAC
percentage if you choose to drink and drive. Without an accurate testing device there is
no way to really know. You may think that you’re perfectly good to go. Good to drive
down the road. Good to safely get yourself and others in your vehicle to your
destination. But without an accurate way to measure the results of your drinking, your
BAC, you are simply rolling the dice against the house, against the "We've Got Ya" DUI
system.

Professional Alcohol Breath Analyzers are highly sensitive scientific instruments that
employ advanced integrated microchips to determine equivalent blood alcohol content
usually within a range of 0.00% to 0.15% in increments of .001%. Results are displayed
digitally. They are easy and convenient to use. These small hand held portable units run
on a 9-V battery, they can be used over and over again for as many as three hundred tests
between battery changes.

The state-of-the art devices that we recommend are all approved by D.O.T., (The U.S.
Department of Transportation) as well as The National Highway Traffic Safety
Administration (NHTSA). They are some of the same professional models used by
many law enforcement agencies as a front-line field sobriety test for suspect drunk
drivers. Additionally these units are ideally suited for zero tolerance alcohol testing
programs where even the smallest amount of alcohol can be detected.

If you don’t want to end up with a DUI, in the long run money that you will invest in a
personal breath analyzer will be the cheapest Anti-DUI Insurance you will find!

We have researched a wide selection of breath analyzers, in many price ranges. We
recommend the Alocohawk, it’s the same small hand held self tester that most police
agencies use for a field test.




                                      Page 20 of 62
                                   How to Drink and Drive and Not Get a DUI
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Chapter # 6

DUI rules, laws and fines
Because of the constantly changing DUI laws, and the complexity of the issues at
hand, all we can only accurately quote you are the laws that were in effect for 2005
in San Diego County.

Please note DUI fines and penalties can vary greatly from state to state, and even between
counties in a given state. The information-provided bellow is based on a DUI arrest
involving alcohol only, and that did not involve a motor vehicle accident that resulted in
injury or death. If you are arrested for DUI involving other drugs, and/or involved in a motor
vehicle accident that resulted in injury or death, the penalties and consequences are much
more severe.

The terrible complicated issue is that if you get a DUI, the court and DMV, in most states,
have separate and independent powers over your license. This can be very confusing, so
be aware of this fact in determining what can happen to your license, and what defensive
counter legal actions you may want to take if you’re arrested.

In California for an example, if you lose your DMV hearing, you have the right to seek DMV
departmental review of the decision and you can also sue the DMV in a civil court. If you
win a trial in court and the jury or judge finds you not guilty of driving with .08 or higher
BAC, the DMV must give you your license back.

Also note that any punishment imposed by the court can be separate from the license
suspension or revocation by the DMV, again depending on your states’ laws. If the court
orders a drivers license restriction, that restriction will begin as soon as the DMV’s
restriction ends. They may not run concurrently.


Here are what the DUI punishments in San Diego county were as of the end of 2009:
The following listing is what you might expect as a punishment from a typical court in San
Diego county following a guilty plea or being found guilty at trial.
However, please be aware that the following is a range of punishments and an individual
judge may impose harsher penalties than are listed here. We recommend that you consult
with an attorney for more specific information about the court and judge that you have to
appear in front of in the state and county of your arrest.



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Chapter # 6

FIRST OFFENSE DUI

Jail from 96 hours to 6 months.
A fine from $1,000 to $1,600.
Licence suspension 6 months.
Morgue program (if underage);
S.T.A.R. program (if underage);
Must complete a driving under the influence program.
My be ordered to install a Ignition Interlock device.
Public work service if blood alcohol level high or accident;
Mothers Against Drunk Drivers (MADD) impact panel.
Mandatary AA meetings over a 30 day period.
California SR22 certificate required for restricted licence.



SECOND CALIFORNIA DUI OFFENSE ( Within 10 years of previous )


Jail 90 days to 1 year.
A fine from $1,000 to $1,900.
Licence suspension for 2 years.
May apply for a restricted licence. Must complete a driving under the influence
program.
California SR22 certificate required for the restricted licence.




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Chapter # 6

Mothers Against Drunk Drivers (MADD) impact panel;

Installation of ignition interlock (IID) device in some cases


THIRD OFFENSE

Jail: 120 days to 1 year.
Fine: From $1,000 to $2,000
Licence suspension for 3 years.
You receive a Designation as a Habitual Offender ( This is not a good thing )
May Apply for Restricted Licence after 1 Year.
Ignition Interlock Device Required.
Must Complete a Driving under the Influence Program.
California SR22 certificate required for the restricted licence.




FOURTH OFFENSE

Jail or Prison: 180 Days to 1 Year.

Fine: From $1,000 to $3,000.

Licence Suspension 4 Years.

May Apply for Restricted Licence after 1 Year.

Ignition Interlock Device Required.

Must Complete a Driving under the Influence Program.

California SR22 certificate required for the restricted licence.




                                      Page 23 of 62
                                   How to Drink and Drive and Not Get a DUI
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Chapter # 7
Believe it or not, here are some of the many ways that
you can end up getting a DUI other then by actually
driving a motor vehicle
Did you know, there are many, many ways that you can get the DUI other than being
behind the wheel of the motor vehicle?

You can get a DUI under all of the following experiences:

on a jet ski
riding a bike
riding a horse
being towed by a boat on water skis
on roller skates
on a golf cart, if you cross a public road
on a skateboard
on a snowmobile
on roller blades
on a moped
on a boat
and if that were not bad enough, you could end up with a public intoxication just by
        walking down the street

Or we could simply say you could end up with a DUI under more circumstances
then you might have ever thought possible! So be prepared, or end up paying the
consequences.




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Chapter # 8
When is it likely you'll get stopped?
Answer: Anytime!
If you choose to drink and drive the odds are that you may get caught are anytime! If you
choose to play the “DUI Russian Roulette Game” against the “DUI Dragnet” the odds are
all against you! You might get stopped and caught during a trip to your local favorite
watering spot, going to a sporting event, going to a party, going to seasonal event, going
to a picnic, going to the beach, a wedding, company event, birthday party, almost any
imaginable event that you, as a normal person, enjoys.

The catch is that under any one of the above circumstances you run the risk of getting
caught in the "We've Got-Ya-Trap, and we are going to do a dance in your face zone.”
Again it's not a matter of if you can choose to drink and drive, it's a simple matter of having
a “strategic drinking and driving plan” in order to avoid a DUI.

Here are some no-brainier places that if you choose to drink and drive you are stacking the
odds in the favor of the system doing the “We Got-You dance in your face.” The DUI squad
has their game plan down pat. It's literally a crap shoot for them. It's like shooting fish in
a barrel. They know all the local hot spots, traffic routes, and places to get a drunk driver.
They literally sit outside of well-known drinking spots, and popular restaurants. The DUI
squads will even wait outside of a 7/11, or a grocery store to stalk their prey. Typically if
you are an average person you will probably end up on any given weekend, or holiday
event, behind the wheel of a vehicle. Waiting outside of a 7/11, or a grocery store late at
night and into the early hours of the morning is a good spot to trap someone, especially on
the weekend. Any good cop knows that people are likely to eventually go out to there get
another six pack. So it's an easy way for them to fill the quota. They simply sit and wait.
Eventually they'll see their prey walking outside and getting behind the wheel of their
vehicle and making the stupid decision to drive with a buzz. It's like shooting fish in a
barrel. Unfortunately, if you choose to play their Russian roulette game, it’s likely that you’ll
end being the dead fish in the barrel. The odds are against you.




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Chapter # 9
When is it likely you'll get stopped?
Here are some actual stupid ways that people we have
interviewed ended up getting a DUI...

All of these situations were totally avoidable, if they had a “strategic drinking and driving
program” in use. It’s really just that simple. If you plan to drink and drive, but you do not
play the DUI game by the rules, the odds are that you can play the game, many, many,
many times, but eventually you will lose the game. The odds are against you. The system
is against you, and so it should be. Irresponsible drinking and driving can only eventually
cause unforgivable pain and suffering. Pain and suffering to people that share the road
with you. Pain and suffering to yourself, your family, your extended family, friends,
relationships, etc.. There are many, many true stories, that I can tell you...

1.) Like the guy that shot pool and drove behind his friend, and attempted to go back to his
friend's apartment... but ended up making a turn at a no left turn sign and got pulled over,
and got a DUI.

2.) The guy who took a cab home, because he knew he was in no condition to drive, then
took a cab back to the spot where he left his car the next morning, still drunk, and he
proceeded to drive home, and got pulled over and ended up with a DUI. Had he used a
BAC analyzer to test his alcoholic percentage before he started to drive his car to go home,
he could have avoided the entire situation.

3.) “I went to out for dinner with some good friends of ours. I was driving the car to go back
home. All I had was about three glasses of wine, with dinner, and I felt perfectly safe to
drive. After we pulled out of the restaurant, and drove for about four blocks, we got pulled
over. I ended up with a DUI. I thought I was perfectly safe to get behind the wheel of my
car. The police officer pulled me over proved me totally wrong. Had I used a BAC tester,
I could have avoided the entire ugly situation. I would have never decided to drive at that
time.”

4.) “I was riding my bike in Pacific Beach. We were bar-hopping, and finally decided to go
to a friend's apartment. A cop came up behind me, while I was on my bike, and pulled me
over and gave me a citation for a DUI”.




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Chapter # 9
5.) “I was driving my jet ski in the San Diego harbor, with a bunch of my friends. It was a
beautiful sunny day, as usual in San Diego. We had some drinks, and were enjoying
ourselves. All of the sudden, I got pulled over by the harbor patrol. I ended up with the
DUI, I can't believe why, just because I was driving my jet ski. It doesn't make sense. I was
just on the water, I had no intention of hurting anyone, I was driving very carefully. Why
should I end up with a DUI on my jet ski in the middle of the harbor?”

6.) “We left my sister's 40th birthday party, and we were just enjoying ourselves, and I
wasn't counting drinks. I didn't think I had that much to drink. I was just having a good time
at the party. We left the party at a reasonable time. It was about 8 p.m. I had my two young
children in the car and drove for about a quarter of a mile towards our home and got pulled
over by a local cop. The rest is a very ugly story. We ended up entangled with the child
protection services ( CPS ). It turned our lives into a complete nightmare. After reading
your book and your simple system, I only wish to God, that I had used one of you're
recommended BAC testing devices before I got into my car to drive my children home. Had
I done so, it would have changed my life. I had no idea that I was over the legal driving
limit. I felt fine, I was having a good time, I decided to go home. The rest of my life turned
into complete shit afterwards.

7.) “I met some of my friends for a tailgate party for the football game. We had a great time.
Our team won. Unfortunately, I made the stupid decision to get behind the wheel of my car
after drinking. I was having a good time, our team won, I did not pay attention to the
amount of alcohol that I drank. I ended up getting a DUI on my way home. I won't do it
again. Trust me. Very stupid. Very costly. A friend of mine recommended getting a BAC
analyzer. He has been using one for years. He says it's a very smart move, if you want to
go out and have a few drinks and enjoy yourself and not get a DUI, it's the way to go.”

8.) “My wife and I were coming home from a Christmas party at her family's home, I had
plenty to eat, and, and not that many drinks, so I thought. We got pulled over. I ended up
with DUI. I was so embarrassed. I can't begin to tell you the amount of aggravation, t his
has cause me, it’s very painful. I have since read about the BAC alcohol analyzing units,
I wish I had read the article and purchased one before I decided to drive us home. Believe
me, I won’t drink and drive without testing my self again.”

9.) “My girlfriend and I went out to watch a movie. After the movie we stopped to have a
snack, and we had a few drinks as well. The movie was good, the food was good, we were
having a good time. I was dumb enough not to take an accurate count of how many drinks
I had, and what amount of time had elapsed between my decision to drink and drive back

                                       Page 27 of 62
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Chapter # 9
to my apartment. We were on the freeway about five minutes from the exit that we needed
to take to get back to my place, and all of sudden, out of the blue, I saw a police cars lights
flashing in my mirror. I ended up getting a DUI.”

10.) “I drove from San Diego to San Francisco to meet my friend from Japan. He flew in
from Japan on vacation to meet his brother there. I drove up to meet them and hang out
with them for the evening. We had a great time. At about two o'clock in the morning, I
decided it was time to drive home. I had to work the next day. I drove all the way down
from San Francisco to Oceanside, as safely as I thought I could. I didn’t think I had to much
to drink. I just had pass Oceanside, I swerved into the center divider on the I-5 and crashed
into the center divider. I ended up with a DUI. I can't believe that. I drove all the way from
LA to just past Oceanside and ended up crashing my car.”

11.) “ I just had a bad argument with my girlfriend. She really pissed off at me. We were
out of beer. I decided to go to the local 7-11 to grab a 12 pack, I needed a few more drinks
to calm down. I pulled out of the 7-11, and drove about one quarter of a block away and
got stopped by the cops. Having that argument with my girlfriend and deciding to grab some
more beer, ended up costing me more money then I could have ever imagined. The
argument was stupid, the fines were much more stupider then the "F-ing" argument. It
doesn't pay to drink and drive. My bank account is positive proof. It’s all very stupid.“

12.) “I was just hanging out with some of my friends at the beach. We were having a great
time. We went from club to club. It was late, I decided it was time to go home. I did not
think that I had too much to drink. I have always thought that I was a very good at handling
my drinks. I didn't think I was drunk. So I got into my car and drove for about 10 blocks and
ended up getting pulled over. They did the standard road side test to me. I ended up
getting handcuffed and spent the rest of the night in jail.”

13.) “My wife and I decided to go out for dinner, all I had was just a few drinks with dinner.
I thought I was safe to drive. I did not think that having a few drinks with dinner would
cause me any problem. But, I was wrong. We got pulled over about a mile away from the
restaurant on the freeway. I ended up getting a DUI. I was so embarrassed. It will never
happen to me again.”

14.) “My girlfriend and I decided to go out for a movie and to stop for some chicken wings
afterwards. All I had was a few beers, I wasn't counting. We ended up getting some
chicken wings and a small pizza. We got pulled over on the way home, and I ended up
getting a DUI. I can't believe the entire situation. I didn't think I was drunk. I did not have
that much to drink, and I had a lot to eat for dinner. I thought I was the very careful, as I
have always been, but I ended up getting a DUI. What a pain in the ass. I guess I was not

                                       Page 28 of 62
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Chapter # 9
as careful as I thought.

15.) “I was out drinking with my friends, it was a Friday night. I came home, and my wife
says the baby has a high fever! I grabbed the baby and took the baby and my wife to the
hospital. I ended up getting a DUI, and ended up in child protection service control of our
children. Doesn’t seem fair! But it happened to us!”

16.) “I went down to Gaslamp to meet some friends. I knew I had enough to drink and I
decided to take a cab home. I went to bed, got what I thought was a good nights sleep, and
went back to pick up my car the next morning. I ended up getting a DUI on the way home.
Apparently I was still too drunk to drive my car back home. Had I had a BAC self analyzer
I would have had the information I needed to decide whether to drive or not drive. It would
have saved me from the whole mess! Now I don’t leave home without it.”

17.) “My girlfriend and I were out for the night in a club to go dancing. We had an
argument, I was aggravated, I decided to have a couple of more drinks to slow me down.
And when I tried to work things out with her but it didn't work out. She said take a cab
home. What else could I do at that point. I stuck around for about one more hour. I finally
decided it was time to go home. I got about five blocks from the club and got pulled over
and got arrested for DUI. The rest is history. My bad history! It ended up costing me a
fortune for a stupid argument. The worst part of the story is that we got back together, and
ended up getting married, and I still have the damn DUI on my record.




                                      Page 29 of 62
                                   How to Drink and Drive and Not Get a DUI
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Chapter # 10
Dealing with the arresting officer. The do's and don’t's
of dealing with a police officer after getting pulled over
when you have been drinking, and how to possibly avoid
a DUI.
Getting pulled over for a moving violation can be a very upsetting experience. Getting
pulled over, if you have consumed any amount of alcohol is even more of a spine tingling
experience. But knowing the best way to respond can make this unpleasant situation more
bearable and more manageable.

1.) You glance at your rear view mirror and you see a police car right behind you. A
moment later you see the flashing blue and red lights come on! Your mind races, a
police car is behind you, with lights flashing. You get pulled over. What should you
do?
Pull over as soon as you can safely. Turn off your engine and radio and remain calm and
controlled at all times. Be polite at all times. Sit calmly in your seat. Stay in your car and
keep your hands in clear sight, keeping your hands on the steering wheel is best. Make
sure seat belt is on, that’s potentially an automatic ticket if not. Normally the officer will ask
to see your driver's license, registration, and your proof of insurance. It is best to always
have your vehicles documents in a handy spot so you can produce them without fumbling
around.

Feel free to give the officer the various documents he requests. You must assume you are
being videotaped from the moment the officer pulls behind your car. The officer may try to
bait you to get you to lose your temper or otherwise react to his questioning. Don’t fall for
it. Remember that you are on trial from the moment those flashing lights go on. A jury may
very well see everything you do on a bright Technicolor Screen, with you as the star of your
un-scripted/un-rehearsed arrest performance!

2.) Assuming that you have been drinking, and he asks you “have you been drinking”
what should you answer?
Your answer will be a significant factor in the officer's decision to arrest you based on what
your answer is! By law, you are not required to answer potentially incriminating questions.
If you have been drinking and you do not have an accurate reading of your BAC, and the
officer asks you if you have been drinking, be very pleasant and tell the officer, "officer, I
appreciate what you do for living, but I don't wish to answer any of your


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questions.” Or a polite "I would like to speak with an attorney before I answer any
questions" is also a good reply. (P.S. Our research shows that in most states you won’t
have that right at this point of the investigation.)
Most people are afraid to refuse to answer his potentially incriminating questions because
they don't want to make the officer mad! But if you use your head and think about it
beforehand, who cares if the officer is mad or not? He doesn’t care about you or your
personal situation. He is just doing his duty. It’s his job is to make arrest. You have been
pulled over, your license, fines, insurance prices, time and anxiety are all at risk. So again,
who cares if he gets mad or not? Do you think the officer that pulls you over is going to
make friends with you if you politely answer all his questions? Of course not! He is doing
his job, and is in the process of investigating you.

On the other hand, saying that you had one or two beers is not incriminating: it is not
sufficient to cause intoxication, depending on the time and food consumption factors
involved -- and it may explain the odor of alcohol on the breath. Unlike beer ethyl alcohol
does not have an odor! If you had a beer in the past two hours, it will probably still smell
on your breath. But if you have had a few margarita’s it won't smell the same. He may
insist that he smells what he cannot smell to put pressure on you to answer his question.
It's all part of the DUI standard arrest procedure.

The reality is that when the arresting officer questions you, you are not being asked for
information to help him determine whether you are sober or not! He is questioning you to
provide evidence against yourself that he can use in court later against you! Don't give him
anything to write in his report. Make him work to establish probable cause, without
assisting him in any way.

3.) If the officer asked you to step out of your vehicle what should you do?
You must comply with his request. Be nice, even though at this point it's probable that the
officer is going to get very cranky with you because you're not answering his questions. As
you step out of your vehicle he will be looking to see if you are having any difficulty, if you
stumble or trip, or sway from side to side, or if you need to hold on to




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anything for assistance. He is looking for additional things to put into his report to support
probable cause for the arrest and to assist a prosecutor in court. He is looking to see if you
are angry, belligerent, tearful, or if you have a complete grip on the situation. In addition,
his goal is to check your vehicle for possible drugs, weapons, even illegal aliens. It's his
goal to stack up as many things as possible he can put into his arrest report.

4.) Do you have a right to an attorney when you are stopped by a cop and are asked
to take a field sobriety test?
The law on this varies from state to state. As a general rule, however, there is no right to
an attorney until you have submitted to (or refused) blood, breath or urine testing. In some
states, there is a right to consult with counsel upon being arrested or before deciding
whether to submit to chemical testing. Of course, this does not mean that you cannot ask
for one.

5.) What is the officer looking for during the initial detention at the scene?
The traditional symptoms of intoxication taught at the police academies are:
Flushed face
Red, watery, glassy and/or bloodshot eyes
Odor of alcohol on breath
Slurred speech
Fumbling with your wallet trying to get your license and registration
Failure to comprehend the officer's questions
Staggering when exiting your vehicle
Swaying/instability on your feet
Leaning on your vehicle for support
Combative, argumentative, jovial or other "inappropriate" attitude
Soiled, rumpled, disorderly clothing
Stumbling while walking
Disorientation as to time and place
Inability to follow the officers directions

6.) What do police officer’s look for when searching for drunk drivers on the
highways?
The following is a list of symptoms in descending order of probability that the person
observed is driving while intoxicated. The list is based upon research conducted by the
National Highway Traffic Administration:




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Turning with a wide radius
Straddling the center of the lane marker
Appearing to be drunk
Almost striking object or vehicle
Weaving
Driving on other than a designated highway, eg. driving on railroad tracks
Swerving
Speed more than 10 mph below the limit
Stopping without cause in the traffic lane
Following too closely
Drifting
Tires on center or lane marker
Braking erratically
Driving into opposing or crossing traffic
Signaling inconsistent with driving actions
Slow response to traffic signals
Stopping inappropriately (other than in lane)
Turning abruptly or illegally
Accelerating or decelerating rapidly
Driving with the headlights off
Speeding, incidentally, is not always a symptom of DUI; because of quicker
        judgment and reflexes, it may indicate sobriety. However, of course,
        excessive speeding will be a cause to be pulled over.

7.) Does the vehicle you are in have to actually be moving to be found guilty of DUI?
No. Even if you are asleep or otherwise in your vehicle, but you are sitting behind the
wheel with the keys in the ignition, when the investigating officer does his investigation, you
can be arrested. You can still be found guilty because technically you had the capability
and power to dominate, direct, or regulate the vehicle, regardless of whether you were
exercising that capability or power at the time of the arrest. In other words, simply sitting
behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in
actual physical control of it. Therefore if you are going to pull over and try to sleep it off, we
recommend taking the keys and putting them under one of the tires, or on the road side
where they are out-of-site.




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8.) What should you do if you are asked to take a field sobriety tests (FTS) also
known as (SFST)?

“Don’t take any field sobriety tests" ever! That is because many scientific studies have
concluded that the FST’s are “designed to fail” even sober drivers. Please be aware that
the extensive research we have done clearly shows the FST’s are fraught with
problems, inaccuracies, false and voodoo science, and just plain misunderstanding
in their administration, training, and application by most police officers.
There are a wide range of field sobriety tests (FST), including heel-to-toe, finger-to-nose,
one-leg stand, alphabet recitation, modified position of attention, fingers-to-thumb, hand
pat, etc. Most officers will use a set battery of three to five such tests.

The majority of drivers are not aware that there are only three nationally recognized field
sobriety tests. The Standardized Field Sobriety Test (SFST) is a battery of three tests
administered and evaluated in a manner to obtain validated indicators of impairment and
establish probable cause for arrest. The three recognized national SFST are:
The Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand.
These tests are administered systematically and are evaluated according to measured
responses of the suspect.

Unlike the chemical test, where refusal to submit may have serious consequences, you are
not legally required to take any of the FST in the majority of states. We strongly advise you
to check the current DMV/DUI laws that apply in your state.

Most of the FST have nothing whatsoever to do with your level of intoxication or your BAC.
Most of the test are designed to make you look bad in front of a jury, and typically they will.
Many times the arresting officer will have a video tape running to record the event. Even
the three tests that have scientific validity are wrong up to 35% of the time, and that’s
assuming the officers administered them properly. The reality is that officers have usually
made up their minds to arrest you when they give you the FST. The tests are simply
additional evidence which you will inevitably "fail”. Thus, in most cases, where your states’
DMV/DUI laws allows a polite refusal to take a field sobriety tests may be appropriate.
Again, if you choose to drink and drive, it is imperative that you know exactly what your
states’ laws are, and what challenges you will face. However, there are some serious
consequences of refusing to take the FST’s. You need to understand that while you are not
legally required to perform any of these test,




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In the majority of states, but if you don't you will probably be arrested. Your vehicle may
be towed, and impounded. You probably will be handcuffed, and you will find yourself in
the back seat of a police cruiser, and eventually in the drunk tank.
( P.S. We recommend contacting a friend from jail as soon as possible so they can hear
you speak and note your sobriety, which may be used in your defense in court. But note
the police can eavesdrop on any conversation you have except one with your lawyer. So
it’s safe to assume the police may be listening.)

The positive side of your refusal to take a FST is that the arresting officer cannot testify to
observing you fail an "objective" test of your ability to perform the FST’s physical tasks of
his choice, nor can his video tape produce incriminating evidence against you for a jury to
see. Your refusal will deprive the police and prosecution of a key piece of evidence that
could be used to convict you of a DUI. For that reason, it is probably a good idea to politely
decline these tests, especially if you can feel the effects of the alcohol.

9.) The Under 21 Age DUI exceptions to the laws effecting over age 21 drivers.
The refusal to submit to, or the failure to complete, a preliminary alcohol screening test or
other chemical test as requested if you are under 21 will result in the suspension or
revocation of the person's privilege to operate a motor vehicle for a period of one year to
three years, depending on the courts’ decision.

10.) If you refuse to take a field sobriety tests what other DUI test will you be faced
with?
You may be required by most states DMV laws to take an “evidential test.”

11.) What is an evidential test?
An evidential test is a DMV law in the majority of states that requires a suspected drunk
driver to take a DUI chemical test of either blood, breath, or urine if they are arrested for,
and accused of a DUI.

12.) Should you agree to take a evidential test?
Most states currently have “implied consent laws” in place that require a driver to do so.
Many others are changing their DUI/DWI laws, and may potently have them in place soon.
 As part of the “privilege” to have a valid licence in the required states you automatically
agree to the evidential test laws. This law, simply stated, requires a suspected drunk
driver to take a test of either blood, breath, urine, or other bodily fluids, if he is arrested for
a suspected DUI, or to suffer the consequents of the law.




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13.) If you have a choice of chemical tests, and you choose to take the test, in your
best interest which one should you choose?
In our opinion, a blood test is the most accurate and you should chose it if you are
reasonably sure that your blood alcohol content is below the legal limit. If on the other
hand, you believe that your blood alcohol level may be over the limit, and you have the
opportunity to take a urine test, urine, being least accurate and the easiest test for your
lawyer to challenge is the best option. If you are refused the opportunity to take a urine
test, you may consider taking a breath test so that there is still a possibility of contesting
the results later in court.

P.S. Urine tests are no longer allowed as an option for the “accused driver” in some states
such as California and many others.

P.S.S. If you take a blood or urine test, we recommend that you tell the machine operator
to preserve a sample so that it can be independently tested later.

In some jurisdictions, you have the option of submitting to a breath test and can request that
a blood sample be taken as well, because a breath sample is not saved and therefore
cannot later be re-analyzed by the defense, or the prosecution.

However, you should understand that the police are going to steer you towards the breath
test and away from the blood test. You have to adamantly demand a blood test or urine test
if you want one.

14.) What are the possible consequences of refusing to submit to your states
mandated evidential DUI test?
The consequences of refusing to submit to a evidential test varies according to the state
you’re arrested in. Generally the results are:

Your driver's license will be suspended for a period of time, commonly three, six or twelve
months. This is true even if you are found not guilty of the DUI charge! In some states,
refusal is a separate crime; in others, it adds jail time to the sentence for the DUI offense.




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The fact of refusal can be introduced by the prosecution into evidence as "consciousness
of guilt.” Of course, your defense is free to offer other reasons for the refusal. Thus, the
decision is one of weighing the likelihood of a high blood-alcohol reading against the
consequences for refusing the required test, if you do not have an accurate measurement
of your BAC percentage. The possibility is that without a chemical test it may be more
difficult for the state to obtain a guilty conviction against you.

We strongly advise you to find out exactly what your state laws are before you choose to
drink and get behind the wheel.

15.) What should you do if you decide to take the FST ordered by the arresting officer
to possibly help you defend yourself if you are ultimately arrested and charged with
a DUI convection?
We recommend that you make a detailed accounting of the complete circumstances of all
the dialog and circumstances that occurred leading up to, and following you’re arrest, for
your lawyer’s potential defense support against the states DMV case against you. Here are
some examples of the situations that we recommend clearly noting:

       A.) Did the arresting officer tell you that if you “did not take” the road
       side test that you would be arrested?

       B.) Did the officer ask you if you had any problems with your eyes or any
       physical disabilities that could affect your balance or coordination during the
       test he is requiring you to perform?
       This is a strong issue that may be used in your defense because some physical
       disabilities can affect the reliability of the tests, officers are trained to ask about such
       disabilities. If the officer did not do so, the test results may be invalid in court.

       C.) What else did he ask you?

       D.) What were your answers?

       E.) Did the officer read you your Miranda Rights?
       ( See the chapter you your Miranda Warning for more details. )

       F.) Did the officer read you your “Implied Consent" Rights?
       ( See the chapter your “Implied Consent Warning” for more details. )


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       G.) What were the exact conditions at the time and point of your road side
       test?
       Adverse road surface conditions, weather, traffic flow, lighting, noise, and other
       distractions could work out favorably in your defense.

       H.) Was anyone other than you and the arresting officer involved in the DUI
       stop?
       Supportive independent witnesses can be an excellent source of information and
       may ultimately help in your defense! Make sure to record the names of any such
       witnesses. It is advisable to have their statements available at the time that you
       choose to sit with, and potentially take the steps to hire a lawyer.

       I.) What were the time factors involved in your arrest?
       What was the length of time the officer used to do his roadside investigation? This
       could be a very relevant factor in support of your defense. Try to recall how long
       you were detained at the roadside and the length of time before a chemical test was
       taken. The length of time between the investigation and time of chemical test can
       seriously affect the state’s case against you.


16.) What if the arresting officer never gave you a “Miranda Warning,” you’re
Constitutional Amendment warning rights? Can you get your DUI case dismissed?
No! Under the normal U.S. Constitutional protective laws, an arresting officer is supposed
to give you a 5th Amendment Warning after he arrests you. However, under the DUI
exception laws, most times they do not. The only consequence is that the prosecution and
court cannot use any of your answers to the questions that may have been asked by the
arresting police officer after you are officially and formally arrested or placed in "custody.”
Of more consequence in most cases is the failure of the arresting officer to advise you of
the state's "implied consent" law. This is your legal obligation to take a chemical test and
to suffer the penalties if you refuse. This can effect the suspension of your license.
( See the chapter your Miranda Rights and The DUI exception, as well as the Implied
Consent Laws. )




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17.) What if you have been pulled over and the officer takes your license away on the
spot? And he serves you with a notice of suspension after you take his field sobriety
tests (FST) or for your refusal to take the roadside test. How can the officer do that
if the U.S. Constitutional Law presumes you to be innocent until proven guilty? Can
he take your licence away “on the spot” just because you have had a few drinks with
dinner, and he thinks he smells alcohol on your breath?
Yes he can take your licence without any appearance before a judge. License suspension
or revocation was traditionally followed by a conviction for alcohol-impaired driving in the
court’s. In the good-old days the BAC level for automatic categorization as "drunk driving"
was 0.15%. This was, and is, the level where “impairment driving “ is usually readily
discernible by most scientific studies we have discovered in our studies. Our research
shows that most fatal and serious accidents involving alcohol continue to reflect 0.15% or
higher BAC’s as a contributing factor.
However as of November 2005 all 50 states and the District of Columbia have enacted
“per se” laws defining it as a crime to drive with a BAC at or above a proscribed level of
0.08 percent. The "per se" laws provides for immediate suspension and confiscation of a
license if the breath test result is above the legal limit, or in the case of a blood or urine test
if the officer reasonably believes the result will be above the limit. In addition licenses are
taken before conviction when a driver fails or refuses to take a chemical test. This licence
confiscation procedure is called an Administrative License Suspension, or (ALS).
Because administrative license suspension laws are independent of criminal procedures
and are invoked on the spot right after a DUI arrest, the majority of states believe that they
are more effective than traditional post-conviction sanctions. Forty-one states and the
District of Columbia have administrative license suspension laws.


18.) What may happen to you if you choose to drink and drive when your BAC is
below the states legal limit? Could you still face DUI charges?
Yes. Potentially it could happen according to our case studies. It is unlawful to drive with
your “normal faculties” impaired in some states. These states define normal faculties as
the normal human faculties of people such as the ability to walk, talk, make judgments,
drive an automobile, and act in emergencies.




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Under some state laws, such as Pennsylvania, a person can be convicted of a DUI even
with a low BAC percentage! A BAC percentage below the normally .08%.


19.) Can the police or courts deprive someone of their car if they are convicted of
drunk driving?
Yes. In some states with the first drunk driving offense the judge may immobilize your
vehicle, but upon second or subsequent offenses the judge must immobilize your vehicle,
if the vehicle has not been forfeited.

In fact, the courts can deprive the car owner of their vehicle under the Drunk Driving laws
even when they themselves were not the person actually driving the vehicle. Some states,
such as a Michigan now outlaws a motor vehicle owner from knowingly allowing the
operation of their vehicle by a driver whose blood alcohol content is .10 or higher.

20.) Can you represent yourself in court for your trial?
Yes, you can represent yourself. But it is not recommend. In fact it’s a horrible idea.
The DUI laws are becoming increasingly more complex at a very rapid pace. It is a very
complex field with increasingly harsh consequences for the accused to say the least. The
DUI laws are a minefield of complicated procedural, evidentiary, constitutional, sentencing
and administrative issues in every state. We recommend hiring a DUI defense lawyer that
is qualified to review the case that the arresting officers has documented against you. Your
FST’s results, BAC percentage, the circumstances surrounding you being stopped and
arrested, any statements that you have made to the questions asked during your arrest
process, etc. We recommend hiring a lawyer that specializes in finding defects,
suppressing evidence, compelling and discovering such things as the calibration and
maintenance of the records kept for your eventual test! Having blood samples
independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert
witnesses for trial, contest the administrative license suspension, etc.

21.) What is the best way find a “qualified DUI defense” lawyer in your area? This is
a complicated question. Our recommendation is to try to find a good DUI/DWI lawyer by
his “reputation.” Most cities have a few attorneys who have great reputations. So the best
approach is to ask other attorneys who they think is the best DUI defense lawyer in your
area? Realizing that the one you ask may want to take on your case in-spite of their lack
of DUI defense expertise.


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Chapter # 10
Ask trusted friends but verify the expertise of their recommended candidates. We further
recommend that hieing your “trusted” long time personal lawyer to defend you in your DUI
case is just as senseless as deciding to hire your long time “trusted” family doctor to
perform brain surgery on you! Another alternative is to take a trip to your local courthouse
and ask people like bailiffs, clerks and public defenders who they would go to if they were
arrested for drunk driving? This will take some serious time and effort, but in the long run
it may produce the results that you are looking for. Further we recommend that once you
come up with a list of names that you call several of these lawyers before you decide to
meet with them.


22.) What will it cost to get a qualified lawyer to defend your case?
The answer depends greatly on your geographical location. The going fees for a DUI
defense vary widely from state to state, and even between cities in those specific states.
Our research shows that the range of fees is huge. A general practitioner in a small
community may charge only $300.00 while a DUI specialist in a major city may charge
$3000.00, and one with a national reputation may charge $5,000.00 to $10,000 and up.
The extent and the details of the charges involved in your case also will also have a great
bearing on the ultimate cost you can expect to pay for your defense because of the
projected amount of time the lawyer may have to devote.
For example:
       Were you charged with a misdemeanor or felony?
       Do you have any prior DUI’s or other DMV convictions? If so the procedures for
             attacking them may add to the cost.
       You’re legal fees may or may not end up including trial or appeals.
       You’re administrative license suspension procedures may also be extra.
       Depending on the circumstances of your specific case there may additional costs
            such as witness fees, independent blood analysis, service of subpoenas, etc.




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Some lawyer’s charge a fixed fee, others may ask for a retainer in advance -- to be applied
against hourly charges.
Whatever the fee quoted, you should ask for a written agreement and make sure you
understand all the terms.


23.) What is a sentence "enhancement"?
Most states increase the punishment in drunk driving cases if certain facts exist. The most
common of these is a prior conviction for the same or a similar offense -- usually within five
or seven years of the current offense. Other commonly encountered enhancements
(which must usually be alleged in the complaint) include:
       A child was in the car at the time. Child endangerment policies have been
             implemented, than can result in minimum 30 days of jail and one year
             counseling as additional punishment. In other courthouses, you most likely
             face 48 hours in jail.
       The defendant was traveling 20 or 30 miles over the speed limit at the time.
       The blood-alcohol concentration was over .20%.
       The defendant refused to submit to a chemical test.
       Your still on probation for another offense.
       You are under the age of 21.
       There was property damage or injury involved. In most states, the existence of any
       personal injury caused by drunk driving elevates the offense to a felony. A death
       can trigger manslaughter or even, in a few states, second degree murder charges.


The above information contains our opinions based on extensive research to over 100 DMV
and legal sites on the internet, as well as parts of web publications from:
The Law Offices of Lawrence Taylor, Inc. as well as the National Collage for DUI Defense
Inc. Mr. Taylor's 20 DUI FAQs, are widely reproduced on legal web sites throughout the
internet, they present answers to the questions most often asked by citizens trying to avoid
a DUI, as well as those that are arrested for drunk driving.




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Chapter # 11
Your Miranda Rights and The DUI exception!
US citizen’s law issues;
When you are handcuffed and the officer is asking questions that can possibly incriminate
you must he inform you of your Miranda rights?

Answer; The answer is NO! Read on to find out.

Question; What are your Miranda Rights?

These Are Your Miranda Rights under the US constitution!
Before a law enforcement officer may question you regarding the possible commission of
a crime, under the law ( other then the DUI laws in many states ) he or she must read you
your Miranda Rights. He or she must also make sure that you understand them.

Here are what your Miranda Rights statements and questions should be as read by
the arresting officer:
1.) You have the right to remain silent and refuse to answer questions. Do you
understand?

2.) Anything you do or say may be used against you in a court of law. Do you understand?

3.) You have the right to consult an attorney before speaking to the police and to have an
attorney present during questioning now or in the future. Do you understand?

4.) If you cannot afford an attorney, one will be appointed for you before any questioning
if you wish. Do you understand?

5.) If you decide to answer questions now without a lawyer present you will still have the
right to stop answering at any time until you talk to an attorney. Do you understand?

6.) Knowing and understanding your rights as I have explained them to you, are you willing
to answer my questions without a lawyer present?




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Chapter # 11
Question: Are the Miranda standards different in DUI cases?

Answer: Yes, they can be!

Our research shows that if you’re stopped for a possible DUI offense, in most states
unfortunately you’re constitutional Miranda Rights can and will be by-passed, and the
failure of the officer to read you your rights does not prevent your breath, blood, or salvia
results from being used against you!

The DUI rules of those states preclude your Miranda Rights to avoid setting up “potential
defenses" for a lawyer to take before the courts. The officer can question you while you
are in your car or after he has you step out of your vehicle. This is usually considered an
investigative interview and he does not have to tell you your Miranda rights. The officer can
base his arrest on probable cause, and you find your self handcuffed with the officer asking
questions that can possibly incriminate you. "Whereas if you were suspected for shoplifting
or other criminal charges, police officers are required to Mirandize you."

A lot of people are just plain stupid, they talk to the cops even after their Mirandized
because they still think they need to talk to the cops. "Most people do this because they
don't want to make the officer mad.” But if you use your head and think about it, if you have
been drinking and do not know if your BAC is safe who cares if the officer is mad or not?
You have been pulled over, your license, fines, insurance prices, time and anxiety are all
at risk. The officer that pulls you over, is never going to make friends with you. Of course
not! He is doing his job, and is in the process of investigating you.

The reality is that when he questions you, you are not being asked for information to help
the officer determine whether or not you are sober! You are being asked to provide
evidence against yourself that the officer can use in court later against you! Don't give him
anything to write in his report. Make him work to establish probable cause, without "you"
assisting him in any way.




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Chapter # 11
The bottom line regarding your Miranda Rights and lack there of, are as follows:
A violation of your Miranda Rights, when you appear in court can only result in
excluding statements you made to the officer only if a Judge believes you were in
custodial interrogation and you did not waive your rights. The officer's failure to read
you your rights will not affect your case, except in rare cases.




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Chapter # 12
Dealing with your insurance carrier if you are
convicted of a DUI.
Will my insurance rates go up?
Yes, it’s very probable. Your increase in insurance rates can constitute the single biggest
financial cost of being convicted for drunk driving.

Exactly what you should do in dealing with your insurance varies from state to state. We
are based in California, so we can speak with authority about the states rules. Please be
advised to check with your local DMV for the more information.

In California you will need a SR-22 form from an insurance company if you get a DUI before
you can get your license back. The law is very specific. The SR-22 is proof to the state
that you have up-to-date insurance, and you must have maintained it for a period of three
years. Other states have different rules.

If at any time you have a lapse of insurance, your insurance company will notify the DMV,
and the DMV will revoke your drivers license. Failing to have your SR-22 filed within the
DMV will cause the system to come down on you like a ton of bricks. And you have to go
through the entire process again, providing that the State/DMV, court system/will allow you
to do so. Your fate is in their hands. They may decide that they are not going to give you
a drivers license back. It's a very ugly, situation that will be beyond your control.

Once you put the request into your insurance company for the SR-22 it is very likely that
you will receive a cancellation notice from the carrier because you requested the SR-22.
It’s a catch 22 situation. You must get a SR-22 or you cannot get your license back. The
fact that you are requesting the SR-22 is telling your insurance company that you have
been convicted of a DUI. If you end up putting yourself in the unfortunate situation of
getting a DUI, regardless of how well you know your agent, regardless of the fact that you
have not cost them any money because of accidents, and may not have any other
violations, how many years you've been with your insurance company, or how many
policies you have with that company, it’s very likely you're going to end up doing a very
nasty dance with them.




                                     Page 46 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 12
Dealing with your insurance carrier if you are
convicted of a DUI.
The likelihood is that they will no longer want to deal with you as a client. As far as they're
concerned, you have now become a potentially very, very bad risk. They are prepared to
drop you like a hot potato.

But our research shows that there are variations to the norm. It varies with insurance
carriers and different situations. But the over all experience, having looked at a multitude
of people faced with a DUI, is very consistent. If you end up getting a DUI, you are putting
yourself in a very serious situation as far as dealing with an insurance company. They do
not want to take the risk of insuring you any further because you made the mistake of
getting a DUI. The issue is cut and dry.

The good news is that there are a number of other insurance companies you can deal with
that will give you the mandatory SR-22 in California. Other states have different rules.




                                       Page 47 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 13
Dealing with the DMV
In California as well as many other states you have a certain amount of time to deal with
the DMV regarding getting a temporary license. In California you have 10 days to go before
the DMV for a hearing to plead your case. This issue varies from state to state. If you are
unfortunate enough to get stopped for a DUI citation, read the paperwork that is given to
you. Make sure you understand the ramifications of what you have been charged for, as
well as the immediate future consequences, and the long term consequences. We
recommend documenting everything involved in your case. This can save you a lot of time,
pain, money, and aggravation in the long run. Make photo copies of every document you
receive from them, “the system,” and file your copies all in a safe place! When you sent
anything to them, like proof of insurance, medical reports, proof of classes – such as your
required Madd Classes (Mothers Against Drunk Drivers (MADD) impact panel), mandatary
DMV/Court required classes, community service probation services requirements, anything
and everything, make copies, and send any important document the DMV/Courts with a
post office registered-return-receipt-request. In addition, we advise keeping a running
journal of all the ongoing details and events of your DUI situation as they unfold. Having
a written journal can do nothing less than give you a possible edge. This journal should
ideally include all the details leading up to your arrest, as well as all the strategic details
afterwards. Taking the time and effort to maintain this journal in the long run could prove
invaluable.




                                       Page 48 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 14
Dealing with your states DMV mandated DUI course.
In California the minimum course includes a 12 week period of time. You will be mandated
to attend six educational courses, as well as 12 group session courses. You may also be
required to do public service work, such as cleaning up the freeway roadside. Or there are
possibly other options that may be available to you. The other options may include doing
public service at a hospital, at a church, at public parks, and others. A side issue here is
if you miss three classes in a row, you'll get kicked out of the program, and go back into a
world of hell.... they have you, you need your license, you have to play their game. The
deal, I'm proposing here is not to put yourself in the situation of ending up playing their
game.

The court may also require you to attend a MADD class (Mothers Against Drunk Drivers
(MADD) impact panel) as another part of your punishment. You must take the class very
seriously. I had 60 days to attend mine. The class would’ve taken about one and a half
hours of my time. I over looked it and got a letter from the San Diego State Supreme Court,
putting me on notice that the California Sheriff’s Department was ready to arrest me unless
I took immediate action. Their written notification talked about posting a $10,000 bond.
When I called their department, they simply said go to the DMV, and ask for an extension
of time to attend my one court required DMV course. After waiting for about one hour in the
waiting room, I walked up to the clerk to ask for an extension, she told me that she could
not give me the extension, that I had to go before the judge to see if the extension would
be allowed. After another 1 ½ hours, I finally went before the judge. She is very kind and
understood the fact that I might have overlooked my required one MADD class. Thank
goodness, I got my certificate, I mailed it in-to the court, and saved my license, with out
ending up in jail with a bond against me.




                                      Page 49 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 15
Our study shows that typically there are a number of
the big mistakes that some people make after being
stopped and arrested for a DUI, or other arrest
scenarios. Mistakes that they may have prevented to
save them all the pain, suffering, wasted money,
awkward situations, and embarrassment that an arrest
situation will ultimately cost them. Here are some of
the scenarios:
1.) Some people decide not to take their DUI arrest matter seriously. The fact is, if you are
ticketed for a DUI or any traffic offense and you fail to answer the charges against you, you
probably will ultimately loose your states’ case against you by default. If you are cited for
a DUI the problem is compounded! If you don’t show up in court you will be automatically
convicted of a DUI. It’s a very ugly situation. It’s a very costly, painful situation. It is a
situation that will have a major effect on the rest of your life. The DUI system has all the
laws stacked in its favor. They have major support from the Federal Government, as well
as from Anti-DUI groups such as MADD, SADD, RADD, and BADD, just to name a few.
The DUI laws are very strong, and have very sharp teeth, and so they should. A DUI
conviction, or even other simpler arrest infractions you fail to handle will follow you for the
rest of your life, across the country. There is no way to escape the situation.

The current computer technology allows a cop, on a bike, with his handle-bar-PC-hot-line,
patrolling his beat, that stops you in New York City for J-walking, and runs your ID and finds
out you had a DUI arrest 3,000 miles away in LA many years earlier, and that your failed
to appear in court, and as a result there is a bench warrant for your arrest! The probable
result is that you will end up being handcuffed, and you will find yourself in the back seat
of a police cruiser heading to the police holding center, for further questioning. You will be
spending some time in jail and posting a bond for your future appearance for the charge.




                                       Page 50 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 15
2.) Some people decide to try to save some money by hiring a lawyer simply based on the
amount of his fees alone, and not by his expertise because of his prior experiences in
defending “DUI cases.” They may trust a friend’s referral to who he/she thinks is a good
DUI defense lawyer. Or they may simply choose to hire their “trusted” long time personal
family lawyer to defend their DUI case, as opposed to a “qualified” DUI defense lawyer.
No offense intended here on your choice of retaining your long time personal lawyer to
defend you, but we think that if your charges are defensible, based on the arrest
circumstances, it may be in your best interest to consider spending the extra money to hire
an expert DUI defense lawyer. By hiring a lawyer that specializes in handling DUI cases
you could stack the cards in your favor against the system. But, there's no guarantee that
you may win the case against you. However a qualified lawyer may change the odds that
the DMV/Court System has in your favor.
(See dealing with a DUI Lawyer section for more details.)

3.) They make the choice of not hiring a lawyer at all. That could end up being a big
mistake depending on the unique circumstances and situation surrounding your DUI arrest
as well as a number of other variables. The court, by law, will offer you a public defender
at no cost. My question is, can/will this public defender get you the best deal that you can
get in your unfortunate situation? Depending on your financial situation that might be your
only choice. Our recommendation is that if you do get caught for a DUI and you can afford
to hire a lawyer, and your case is defensible, hire a lawyer. In the long run it’s likely that
you may come out ahead.
(See dealing with a DUI Lawyer section for more details.)

4.) They simply do not comply with their states DMV/DUI license laws. There are timely
issues you must follow after being stopped and being arrested for a DUI. You could lose
your right to drive for an extended period by not simply following your state’s laws. An
example is in California as well as many other states, you have a certain amount of time to
deal with the DMV regarding getting a temporary license. In California you have 10 days
to go before the DMV for a hearing to plead your case. This issue varies from state to state.
If you are unfortunate enough to get stopped for a DUI citation, read the paperwork that is
given to you very carefully, and take the appropriate action.



                                       Page 51 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 15
5.) They choose to continue driving in spite of the fact that they know that their license has
been suspended.

6.) They fail to take full advantage of their states legal DMV rights.
(See dealing with a DUI Lawyer section for more details.)

7.) They choose to take the court’s prosecutor’s first offer. Our study shows that typically
the court/states initial offer is not a bargain at all. It's usually a plea bargain just to get rid
of your case with the least amount of work on their part. The fact is very few cases are
dismissed or reduced to a non-alcohol charge at this stage of your fight in court.

8.) They freely and openly talk to others about their case. We recommend not talking to
anyone other than you family and a lawyer about your case. Anything you say to the
arresting officer can be used against you. Do not even talk to someone stuck in the
“drunk-tank” with you! That other guy in jail with you that you think was arrested for DUI
may well be a snitch or an undercover officer. Don't fall for it. The police can eavesdrop
on any conversation you have except one with your lawyer. Even if you make a phone call
to a friend or spouse, you have to assume the police are listening.




                                         Page 52 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 16
You get charged with a DUI, do you need a lawyer?
So you decided to drink and get behind the wheel of a vehicle. But unfortunately you didn’t
have your strategic drinking-driving plan in place. You didn't know exactly what your BAC
level was, and as a result you ended up getting caught in the DUI Dragnet! Sure you may
have driven drunk thousands of times before, but this unfortunate time when you choose
to roll the dice against the system another time you finally got caught.

Question:
What should you do next? Should you hire a lawyer, or go with a public defender?

Answer:
There are a number of pros and cons to look at and evaluate here. The pros and cons are
based on the exact circumstances that you were arrested for/accused of/being responsible
for driving under the influence. The DUI law’s are very complex, and differ from state to
state. Hiring a lawyer that specializes in handling DUI cases could stack the cards in your
favor against the system. But, there's no guarantee that you may win the case against you.
But again, a qualified lawyer may change the odds that the DMV/Court System has in their
favor.

Here are the recommended do’s and don’t’s in this delicate situation:
1.) If you decide to hire a lawyer do not hire a lawyer simply based on the amount of the
fee alone. The State/DMV has almost unlimited resources when it comes to prosecuting
your case. Therefore our advice is if you choose to hire a lawyer be prepared to pay a fee
which will allow him/her to put the necessary time and effort into your case to counter the
prosecution. Like everyone else, lawyers must earn enough for the time and effort that they
will spend on your case in order to keep their doors open and make a living. If you make
the financial decision to cut your cost, and save some money, it’s very probable that you
may be wasting your money by hiring the low bidder to defend you.




                                     Page 53 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 16
2.) Do look for a reasonable, predictable fee, based on the going rates in your area, not
the lowest! The best way to find a good DUI/DWI lawyer is by reputation. There are a few
attorneys who have national reputations; these, of course, are expensive. Thus, the best
approach is to ask other attorneys in the jurisdiction, who is the best in the area? If you do
not know any attorneys, go to the local courthouse and ask people like bailiffs, clerks and
public defenders who would they go to if arrested for drunk driving? Contrary to popular
belief, it is not a wise idea to obtain a referral from the local Bar association or referral
service. There are rarely any qualifications required for an attorney to be on a referral list;
he/she usually only has to ask to be placed on it. When you call the local Bar Association
you are simply given the next name on that list.

3.) Do make sure that you are prepared to get the answers to five major issues when you
meet with a prospective lawyer:

A.) Is he a pro in DUI Litigation? Or is his speciality, say, divorce law, or injury cases?

B.) What are his credentials? Do you know/have feed back on his reputation in your
community, as one of the DUI lawyers to see?

C.) Dose he have extensive experience in DUI/DWI Litigation, and for how long?

D.) Is he well known for going to trial in appropriate cases, rather than just "copping out"
his clients, and simply getting paid without little, or any effort on his part?

C.) Are all the financial terms of his representation crystal clear?

4.) DO have all of your notes ready to discuss the exact details of all the events leading up
to and after your arrest. Be well prepared. The more information you can offer your lawyer,
the more strategies, and angles, he may find to work with as a defense of your case.




                                       Page 54 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 17
You get charged with a DUI, what are the major
questions that your lawyer may need covered?
Here is a comprehensive list of questions you should be prepared to offer your
lawyer to help him structure your defense:

What was your itinerary prior to your arrest?

What was your actual consumption of alcoholic beverages prior to the point of your arrest?

Did you use a personal breathalyzer and mentally note your BAC before getting behind the
wheel?

Were there any witnesses to your drinking prior to your arrest?

Were there any witnesses to your arrest?

Can/will the witnesses appear on your behalf in a court trial, before a jury to testify on your
      behalf?

Are the witnesses that may appear in your defense support credible?

If your witnesses are challenged during your trial about the details and circumstances
leading up to your arrest, can you count on their reliability in a potential cross examination
situation?

What are your personal observations of the arresting officer?

Did the officer state the exact reasons for stopping you?

Did the officer do or say anything unusual or inappropriate?

Was the officer young and inexperienced and being trained by an older officer?

Did the arresting officer advise you of the consequences of refusing to take a chemical test.


                                       Page 55 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 17
It’s called the implied consent warning?

Did the officer ask or order you to take the standard roadside field tests, walk the white
line, recite the alphabet backwards etc., without the implied consent warning?

Did you take the roadside field test?

Exactly what statements did you make to the officer?

Where you observed for at least 15 minutes prior to a breath, blood, or urine test?

Did you vomit, burp, smoke, or drink anything just before blowing into the breath
machine?

What where the results of any breath, blood, or urine tests that you took after your
arrest?

Did you have a sample of the test preserved for further analysis?

What is your prior DUI and driving record?

And there may possibly be many other questions and answers you should be prepared to
provide your lawyer.

Our point here is to be prepared. Very prepared!
It is important for you to note and record all potential evidence that can help you in court
and for the DMV hearing. The more ammunition you can give your lawyer to set up his
defense, the better the chances are that you may end up getting a more favorable solution
to your predicament.




                                        Page 56 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                           By Richard Lane
______________________________________________________________________

Chapter # 18
DUI Statistics
More Americans have died in alcohol related traffic crashes than in all the wars the
United States has been involved in since our country was founded. (NHTSA)

According to the National Highway Traffic Safety Administration (NHTSA) 33,808 people
died in traffic crashes in 2009 in the United States (latest figures available), including an
estimated 10,839 people who died in alcohol-impaired driving crashes. Drunk driving
fatalities accounted for 32% of all traffic deaths last year, that is, on average someone is
killed in an alcohol-impaired driving crash about every 50 minutes in the U.S.
(Source: NHTSA/FARS, 2010).

More than two-thirds of child passengers ages 14 and younger who died in alcohol
related crashes during 1997–2002 were riding with the drinking driver; only 32% of them
were properly restrained at the time of the crash (Shults 2004).

About three in every ten Americans will be involved in an alcohol-related crash at some
time in their lives.

During 2009, 17,013 people in the U.S. died in alcohol-related motor vehicle crashes,
representing 40% of all traffic-related deaths (NHTSA 2004a).

Another half a million are injured each year. During the holidays, the percentage of drunk-
driving incidents typically increases. In 2009, 2,053 people were killed in alcohol related
crashes between Thanksgiving and New Year’’s Day; 127 were killed during the Fourth of
July holiday and 284 were killed during Memorial Day weekend.

Alcohol related traffic crashes in the United States cost the public an estimated $114.3
billion in 2000, including $51.1 billion in monetary costs and an estimated $63.2 billion in
quality of life losses. Funding assistance for DUI overtime, training and equipment is critical
to ensure the effective enforcement necessary to save lives and prevent injuries.


Alcohol Impaired Driving Statistics

Total Fatalities / Fatality Rates

250,000 people have died in alcohol related accidents in the past 10 years.



                                       Page 57 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 18
DUI Statistics

Presently 25,000 people are killed each year in alcohol related accidents.

500 people are killed each week in alcohol related accidents.

71 people are killed each day in alcohol related accidents.

One American life is lost every 20 minutes in alcohol related auto crashes.

It is estimated that one out of every two Americans will be involved in an alcohol related
accident in his or her lifetime.

In 1994, New Hampshire had 119 total highway fatalities, 42 were alcohol related (or 35.3%
of the total). New Hampshire leads the nation with one of the lowest percentages of alcohol
related fatalities.

Cause of Death

Alcohol related crashes are the leading cause of death for young Americans, between the
ages of 16 and 24 years old.

For all Americans between 5 and 35 years of age, motor vehicle accidents are the number
one cause of death. Over 50% of these accidents are caused by alcohol impaired drivers.

Recent Alcohol-Involvement
Over 50% of all fatal highway crashes involving two or more cars are alcohol related.

Over 65% of all fatal single car crashes are alcohol related.

Over 36% percent of all adult pedestrian accidents are alcohol related.

80% of all fatal alcohol related auto crashes occur between 8:00 P.M. and 8:00 A.M.


36% of all adult pedestrian accidents involve an intoxicated pedestrian.


                                     Page 58 of 62
                                             How to Drink and Drive and Not Get a DUI
                                                                          By Richard Lane
______________________________________________________________________
Chapter # 18

DUI Statistics
Injury Crashes / Collisions


Every year, 708,000 persons are injured in alcohol related crashes; 74,000 of those people
suffer serious injuries.

About 2,000 people are hurt each day in alcohol related accidents.

Two million alcohol impaired driving collisions occur each year.

Arrest / Characteristics of Alcohol Impaired Drivers

Of every 200 to 2,000 alcohol impaired drivers on the road, only one is arrested. Therefore,
the probability of getting caught is slim. Of those who are caught, very few receive a
serious penalty.

The average alcohol impaired driver arrested on the highway has a blood alcohol
concentration (BAC) of .20%, double the level for presumed intoxication in most states; that
is 14 drinks of 86% proof liquor (or 14 beers) in 4 hours for a 180 lb. man.

Between 7:00 P.M. and 3:00 A.M. on weekends, 10% of all drivers are legally impaired,
in some parts of the country. Most Americans drink alcohol. Over 80% admit to driving
after drinking.

Relatively few problem drinkers, about 7% of the driving population, account for over 66%
of all alcohol related fatal accidents.


When drinkers are at the presumed level of intoxication, the risk of causing an accident is
six times greater than for non-drinking drivers.




                                      Page 59 of 62
                                            How to Drink and Drive and Not Get a DUI
                                                                   By Richard Lane
________________________________________________________________________
Chapter # 18

DUI Statistics

Youth
Although persons between 16 and 24 years old comprise only 20% of the total licensed
population, and 20% of the total vehicle miles traveled in this country by all licensed
drivers, they cause 42 percent of all fatal alcohol related crashes.


Economic / Societal Cost


According to a recent Allstate Insurance Company study, alcohol impaired drivers are
estimated to cost American taxpayers $21 - $24 billion dollars per year.


National Geographic recently stated that alcohol abuse costs American society $136
billion and 65,000 lives annually.


Miscellaneous
Admittedly, the United States has one of the safest highway systems in the world, due in
part to design characteristics, guard rails, highway markings and signs. We have
relatively few fatalities per 100 million miles driven. But the portion of our accidents
involving alcohol is among the highest in the world.
An accident by an alcohol impaired driver is the most frequently committed violent crime
in the United States today. Other alcohol related statistics show the involvement of
alcohol in many non-driving aspects: 40% of all suicide attempts are alcohol related
54% of all violent crimes are alcohol-related 60% of all emergency room admissions are
alcohol related 80% of all domestic disputes are alcohol related.


These statistics were copied from:

Community Alcohol Information Program Incorporated, from statistics complied by the
U. S. Dept. of Transportation and the N. H. Department of Safety.



                                     Page 60 of 62
                                   How to Drink and Drive and Not Get a DUI
                                                            By Richard Lane
______________________________________________________________________

Chapter # 19
Disclaimer section.
This book is only meant to be a guide to avoid getting a DUI, as well as a guide to avoid
getting subsequent DUI's. This book in no way implies that if you do violate your states’ DUI
laws that you will not get caught. This book is meant to be a system of suggestions for
strategic drinking, driving, enjoying your right as an American to have a drink, and to drive...
but, it must be done safely!!! It must be done methodically. It should be done with a
strategic plan in action and by using a Breath Analyzer as back-up insurance.

Are Breath Analyzer’s 100% accurate? Scientifically, because there are many independent
variables present at any given point in time when a test is given, no conclusions can be
drawn, or correlations made between successive test procedures used with a BAC
analyzer. Each test result is independent of other test results and is specific to the
conditions present in a sample analyzed at the exact moment the test was given. Some of
these test specific variables include concentration of alcohol molecules in the mouth,
presence and amount of other amounts of other gases detected in the immediate
environment, and others. Example: the amount of breath sample will probably vary each
time a test is performed, resulting in a different reading for each test because of the gas to
total volume logarithm. Therefore, each test result can only be interpreted independently
and exclusively of other test results and correlations between test should not be attempted,
nor is it intended to give conclusive scientific results with these types of devices. In
conclusion, users of electronic alcohol breath analysis devices should not expect accuracy
rates equivalent to precisely controlled laboratory results using flow meter or gas mass or
spectrometry equipment. Unexpected readings are almost always the result of user error,
failure to follow the specific instructions that come with that brand specific device,
contamination of the sample by smoke or other environmental variables, or contamination
of the gas sensor through misuse or abuse. Test results obtained under the many possible
variables of field use are generally assumed to be approximate to actual and not correlated
consecutively.




                                How to Drink and Drive and Not Get a DUI
                                                         By Richard Lane
______________________________________________________________________


                                       Page 61 of 62
Chapter # 20
Consent Notice
The contents of this book may be copied, reproduced, or freely distributed for all
nonprofit purposes without the consent of the author as long as the author’s name,
copyright notice and contact information are included.

Every word in this book was written for free. Thanks for reading it. This book is
dedicated to you. But only if you help. How can you help? You can help by passing on
a copy of this book to anyone that you care about.


All rights reserved – Richard Lane 2009-2011




                                    Page 62 of 62

				
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