Gary Ostrow Attorney Release Three Tips To Consider During Labor Day DUI Stops

Miami, FL (I-Newswire) September 2, 2011 - Attorney Gary Ostrow an expert in DUI Defense has just released three strategies to assist motorist pulled over during DUI stops. Labor Day weekend is one of the top DUI Arrest weekends of the year and for this reason Attorney Gary Ostrow has release a three tips to help minimize the negative impact of a DUI stop.

Attorney Gary Ostrow answers: What should motorist say and do during a DWI arrest to minimize the risk of a criminal conviction and a license suspension?

1. Politely decline to answer any questions without an attorney present. It is a cardinal rule in legal circles that only incriminating statements are included in police reports and later testified to in court; statements pointing to innocence are invariably ignored, forgotten or misinterpreted. Bluntly put, whatever you say will almost never help you and can only hurt you.

2. Decline to take any so-called field sobriety tests. These are theoretically intended to determine impairment, but in fact are designed for failure. In most cases, the officer has already made the decision to arrest and is simply going through the motions and gathering further evidence to bolster his case (he is the one who decides whether you "pass" or "fail"). In almost all states, you are not required to submit to this "testing". It’s unlikely that taking it will change the officer’s decision to arrest.


3. Decline to take a "PBT" (preliminary breath test). These handheld units are carried by officers in the field to help decide whether to arrest or not and are notoriously inaccurate. In most states, drivers are not required to submit to these tests (in some they are required if you are under 21). Although most states admit the results of these tests into evidence only to show the presence of alcohol, some permit them to prove the actual blood-alcohol level.

For more information on your rights during a DUI stop please visit http://www.IWasPulledOver.com

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