Here’s some quick advice if you get pulled over for DUI after the Super Bowl. Police, Sheriffs, and the CHP will be on high alert today. San Francisco will also be focused on general mayhem—whether the 49ers win or lose. Other communities from South San Francisco, to San Mateo, to Palo Alto, to San Jose will all have heavy enforcement actions. They may also include DUI checkpoints. The Super Bowl is one of the biggest party days of the year—so designate a driver.

If you see signs for a checkpoint, look for a legal escape route and take it. A valid checkpoint must have a legal turn-off available to drivers who what to avoid going through the checkpoint.

If you do drink and get pulled over, first, be polite. An arresting officer can make your life miserable if they think you’re copping an attitude. Next, when the officer asks questions, explain that you will take you’re lawyer’s advice and exercise your right to remain silent. If they ask you to do field sobriety tests, again, politely decline on the advice of your lawyer; they are unscientific, unreliable. If they ask you to blow into a handheld breathalyzer on the side of the road, again, just say, “no.” But make it clear that you will take a breath or blood test at the station. Otherwise, you’ll lose your license for a year. Whether you choose blood or breath is a personal choice; they both have significant reliability issues.

Then, as soon as you can, call me. 650-918-7384