How To Avoid A DUI
September 2, 2020
In the past several years there has become much greater societal awareness regarding the dangers of drinking (or consuming controlled substances) and driving. According to government statistics, 28 people die every day in the United States due to a drunk driving accident. The annual costs associated with drunk driving crashes is estimated at $44 billion dollars. These are sobering statistics that highlight the tragedy that can arise from drunk driving. Unlike most “crimes,” driving under the influence (“DUI”) doesn’t require a “state of mind” element as part of the charge. Learn how to avoid DUI charges.
In other words, you don’t have to “intend” to be drunk before being charged with a DUI. Under Nevada law, prosecutors only need to show that you were “impaired to a degree” that rendered you “incapable of safely driving or exercising actual physical control of a vehicle.” The law is basically the same in every state.
So, the question that often arises is how can one avoid DUI charges? The most simple and obvious answer is to not drink at all. However, this is not always realistic advice. It’s like telling someone the best way to avoid a sexually transmitted disease is to avoid sex. Is it true? Yes. Is it practical? No.
Workplace parties, happy hours after work with friends, sporting events, concerts – alcohol is everywhere. Like food, social drinking is an experience that brings people together. But the fact of the matter is, excessive drinking can lead to some tragic consequences. The vast majority of people that get convicted of DUIs are not bad people. They’re simply people that made a mistake and exercised bad judgment in a moment of time.
Here are some practical tips to help you avoid a DUI if you’re going to drink on a social basis:
LIMIT YOURSELF TO 2 DRINKS To Avoid DUI Charges
The legal limit in almost all states is 0.08 percent blood alcohol concentration. What this means in simple terms is that if you have an amount of alcohol in your blood stream that exceeds this amount, you’re considered legally drunk and subject to criminal prosecution.
As a general rule, for a man weighing 160 pounds or more, two drinks within an hour will not put him over the legal limit. For a 120-pound woman, 2 drinks within an hour will put her exactly at the legal limit. There are always exceptions to these general rules depending upon the size of the person and how quickly the alcohol is consumed.
To avoid a DUI, the best rule to adopt is to limit yourself to 2 drinks over the course of 2 hours. Also, if you’re going to drink, you’ll be better off consuming beer or wine than hard liquor because the concentration of alcohol is much lower.
FOLLOW EACH DRINK WITH A GLASS OF WATER
In order to dilute the blood alcohol in your bloodstream, follow each drink of alcohol with a glass of water. What this will accomplish is dilution of the alcohol in your bloodstream. It won’t happen right away so make sure you wait a little while before getting in your car after drinking. Give it some time to allow the alcohol to get diluted.
USE A RIDE SHARE VEHICLE OR GET A TAXI
You can’t get a DUI for merely being drunk as a passenger. Thus, if you want to get drunk well past the legal limit, you should make sure you use a ride share vehicle such as Uber or Lyft to get around or call for a taxi. By no means should you be getting behind the wheel of your own vehicle.
With the proliferation of ride share vehicles and the significant reduction in costs associated with them, it’s easier than ever to use this type of transportation. Also, if you have access to public transportation, you can use that as well. Of course, “acting out” in public could get you charged with public drunkenness but that’s a much less significant charge than a DUI. So, when possible, always use public transportation or a ride share vehicle / taxi. You’ll be glad you did.
MAKE SURE YOU EAT WHILE YOU DRINK
Eating before or while drinking will dilute the blood alcohol concentration in your system. The “emptier” your stomach, the more quickly the alcohol will absorb into your bloodstream. Thus, if you’re going to a workplace party or a happy hour, make sure you snack on some food while partaking in social drinking.
KEEP YOUR VEHICLE IN GOOD CONDITION
If you limit yourself to 2 drinks and decide to drive, you could still get pulled over for suspicion of a DUI. To avoid this happening, don’t give the police a reason to do so based on the condition of your vehicle.
For example, a broken brake light or expired license plate could cause a police officer to pull you over which could in turn lead to questioning about your drinking. Thus, make sure your vehicle is always in good working condition and does not serve as a basis for having you pulled over.
STAY WITHIN THE SPEED LIMIT
Again, if you’re going to drive after limiting yourself to 2 drinks, make sure you don’t arouse suspicion that can get you pulled over. The easiest way to get pulled over is to violate the speed limit. Thus, staying within the speed limit will keep you from potentially being pulled over and then questioned about drinking.
On this subject, it’s also a good idea to keep breath mints in your car. These can help reduce the odor of alcohol on your breath so that if you do get pulled over, the officer won’t smell alcohol on your breath.
GET THE VEGAS LAWYERS IF YOU FIND YOURSELF IN TROUBLE
Facing DUI charges can be stressful and potentially damaging to a person’s career. It’s extremely important to have the right lawyer in your corner. If you find yourself facing DUI charges, get The Vegas Lawyers. Our team is among the best at handling these types of cases. Call us direct at (702) 707-7000.
Author: Tony Abbatangelo, Esq.
Anthony “Tony” L. Abbatangelo Esq. is a smart, compassionate attorney that knows how to get results and is no stranger to the courtroom. Tony and his team are ready to assist you with your criminal and DUI defense.