Olsen On Law Attorney Rob Solomon

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A Few Observations on DUI

Attorney Rob Solomon

I think I can assume that if you are reading this newspaper you are unlikely to be the type who burglarizes, maims and murders. As a criminal defense attorney, I can say from years of experience that reading self-help articles on the law is not the modus operandi of the criminal mind.

However, it is not altogether unlikely that you might very well find yourself in lock-up regarding a crime that crosses racial, religious, educational and gender lines...DUI (Driving Under the Influence). Most adults drive, and more than a few drink. The chance they will have the misjudgment of doing both at the same time is, unfortunately, not so small. With this in mind, I posit a few observations that I hope will serve you well.

First, after you have consumed ANY alcohol, do not drive. The legal limits of alcohol permitted in the bloodstream keep getting smaller and smaller. The law makes drinking and driving a crime not only if you're intoxicated but if you are impaired to any degree. Moreover, impairment can be demonstrated by the result of a breath test irrespective of whether or not you feel any impairment. Trust me when I say that it takes only a small amount of alcohol to put you in jeopardy. If you drink and get behind the wheel of a car you are in peril of becoming my client.

Next, calm down. The side of the road is not a good place to argue constitutional law with the arresting officer. This space is too short to discuss when and if you should take the breath test or refuse to do so. However rude and obnoxious behavior is yet another indication of impairment. Many departments tape the booking procedure and some have video cameras in the cruisers themselves recording the nuances of your theatrics. Fight your battles in court where you might have a chance of winning.

Finally, get a lawyer. A DUI conviction poses a threat to your liberty, license and pocketbook. This is not a good time for you to play Perry Mason. The defense of such cases generally involves challenging a series of "technicalities", which parenthetically protect the guilty as well as the innocent.

Good sense will keep you from committing the crime in the first place, good judgement will help you through the arrest and booking and a good lawyer will help you cope with the ramifications. Now don't say you weren't told.