Avoiding Arrest after Sober Drinking

Don't Drive

Obvious, right? If you have had anything to drink at all, you are at risk for some LEO to make a DUI arrest. This page would not be complete without noting that the surest way to avoid a DUI arrest is simply not to drink and drive.

Police do arrest innocent people. The breath test machine printouts are full of readings of 0.00%, meaning that someone was arrested, taken to jail and tested on the machine, only to find out they had no alcohol in their body whatsoever.

Avoid the Driving Patterns of Impaired Drivers

If you are sober with a BAC less than 0.08%, you may drive legally.

To reduce your chances of being arrested anyway, avoid doing the things that impaired drivers do. The expression "Birds of a feather flock together" is quite apt in DUI prosecution. LEOs look for the same patterns of behavior as indications of impaired driving.

The twenty-seven visual cues given as signs of impairment by the National Highway Traffic Safety Administration’ DWI Detection and Standardized Field Sobriety Testing Manual are:

• Turning with a wide radius
• Straddling center or lane marker
• Appearing to be intoxicated:
• Eye fixation
• Tightly gripping the steering wheel
• Slouching in the seat
• Gesturing erratically or obscenely
• Face close to the windshield
• Drinking in the vehicle
• Driver's head protruding from the vehicle
• Almost striking object or vehicle
• Weaving
• Driving on other than designated roadway
• Swerving
• Speed slower than 10 mph below limit
• Stopping in lane for no apparent reason
• Following too closely
• Drifting
• Tires on center or lane marker
• Braking erratically
• Driving into opposing or crossing traffic
• Slow response to traffic signals
• Signaling inconsistent with driving actions
• Stopping inappropriately (other than in a traffic lane)
• Turning abruptly or illegally
• Accelerating or decelerating rapidly
• Headlights off

Avoid Driving After Midnight

Most LEOs believe that the incidence of impaired driving increases dramatically after midnight .

Drivers after midnight automatically become DUI suspects.

Avoid Likely Arrest Zones

If you drive anywhere near the State Street area bars on a weekend night, you are a target for law enforcement.

The perception is that many impaired drivers travel north on Chapala Street and south on Anacapa Street on weekends, so cars on those streets will be scrutinized.