For those people who drink and drive: Here are some tips (reposted from rsdn)

I asked ApproachMachine5000 if I could repost his thread here as it's invaluable information. 

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 First of all, i do not condone drunk driving. So the best tip I can get is to not DRINK at all, or go to a dennys and wait 2 hours to sober up then drive home or have a designated driver. 

Problem is, I don't have 2 hours and i rarely have fun at the club without drinking. I pretty much drive drunk almost every time I go home from a club. It's not that i'm an alcoholic, it's just that i drink recreationally and for fun, and i enjoy it.

I've been arrested 3 times for drunk driving and all 3 times, the district attorney did not press charges. (penal code 23152 A(driving while intoxicated) and 32152B (driving while intoxicated with .08 and higher) in the state of california

I'm not a lawer or anything and this isn't seeking legal representation. HOWEVER, i've had SOO much experience with the police when it comes to suspicion of drunk driving that i pretty much know the ins and outs of how it works. I can write a long paragraph all day, what to do and what not to do. There are a lot of good sources on the internet. Here are some basic advice

0. when pulled over, park your car in a parking lot or the side of the road where you can legally park for a while, this will save you 400$ on towing fees if you get arrested

1. do not have any incriminating evidence in your car (no flask, no open containers). If you are arrested for DUI, they will search your car and use ANY evidence against you that will help with the case.

I always put my vodka in a water bottle container, and toss it in the trash before I drive home

2. be aware of your surroundings. If you see flashing lights on 1 street, do not drive in that area. The place where cops Do not pull people over are the suburban areas, or areas outside of the main streets. Do some research at alternate routes where there's an ambiguous path to through.(there are plenty of them in major cities)

3. have altoid breath mint and visine anti-red eye drops before you drive. It will be really difficult to smell alcohol  with 4-5 altoids in your mouth, and your eyes will be white(thanks to visine)

4. if cop asks you "have you had anything to drink tonight" do not lie to him. instead say "i'm not answering any questions outside of giving you my drivers license/insurance/registration

5. if cop asks you to step outside, YOU HAVE to step outside, otherwise they will charge you with another crime(stupid california law). When you step outside, he will try to give you a field sobriety test OR a breath test. ALWAYS refuse(i do not consent to any tests).

At this point, The cop may threaten to arrest you, but keep remaining silent and ask if you are free to go. IF he's not convinced, he will handcuff you and arrest you. The point of what i'm saying here is,  THE COP ALREADY MADE UP HIS MIND TO ARREST YOU, he just needed more evidence to use against you in case it goes to court. SO DO NOT VOLUNTEER TO DO ANY FIELD SOBRIETY TESTS

6. IF you are arrested(you WILL probably be arrested at this point). He will ask for you to administer a blood or breath test at the police station. ALWAYS pick the breath test at the station because it's easier to defend if you hire a lawyer and if you blow under .08, they will usually let you free. However, a blood sample takes 2 weeks and you will still get booked and stay in the police station for night to see a judge. NEVER volunteer for a blood test.

1 of my arrests, i asked to get a breath test at the police station. I blew on it twice, and got .06 both times. He drove me back to my car and gave me a notice to appear citation(in which the district attorney dropped). WHY? 

1. i didn't volunteer to do any field sobriety tests
2. I don't have anything incriminating in my car
3. the actual police stop doesn't imply any drunk driving
4. i remained silent at all times
5. and blew under .08

HOWEVER, if you blow over .09 or higher, they will book you and give you an arraignment date, and the DMV will suspend your license for 4 months until you win your case. Try not to blow over .08, and if you did, you must hire a lawyer as soon as possible. blowing .08 is borderline. Most district attorneys will not prosecute if it's at exactly .08 especially if you got pulled over for something that doesn't imply a DUI.

i'm 25 and i don't have a criminal record(not even an arrest record) and all of my charges have been dropped by the district attorney.  The thing is, if the cop releases you without booking you, and the charges have been dropped, it will not appear on your arrest record. (of the 3 times i got arrested, i've been released all 3 times because i blew .07, .06, and .08 and The DA did not prosecute me)


 do not touch 1 drink after midnight. so by the time the clubs close(at 1:30). I'm usually under .08