Top Ten Tips To Avoid A DUI Conviction

By Joseph W. Fuson, Esq., Founding Partner — J.D., Nashville School of Law | TACDL Lifetime Member | National Trial Lawyers Top 40 Under 40 • January 17, 2009

Last Update: March 17, 2026

  1. Drink Responsibly and know your limit!
  2. Make sure and all lights and turn signals function properly on your vehicle before driving.
  3. Follow all traffic signals and rules of the road. Follow the speed limit and avoid driving too slow.
  4. If pulled over by the police; keep your hands on the steering wheel and pull over at a safe location in a timely manner.
  5. Provide license, registration, proof of insurance, and avoid breathing directly into the officer's face if you have consumed alcohol prior to driving.
  6. Be polite to the officer and only provide vital information. Do not provide any additional information to assist officer in DUI investigation.
  7. Refuse to allow the officer to perform the horizontal gaze test (pen/eye test).
  8. Refuse to take any other field sobriety tests, including the Walk and Turn test or One Leg Stand test. Field Sobriety Tests are voluntary and should be avoided at all costs.
  9. Breath Test or Blood Alcohol Test – Probably the toughest decision you will make if stopped. I recommend avoiding the breath test if you believe yourself to be drunk. This will likely be the biggest single piece of evidence against you if you register a BAC of .08 or greater.
  10. If charged, remain silent, avoid conversation with anyone, AND CALL A LAWYER.


* Note: Under Tennessee Law, failing to perform alcohol related tests will result in violation of the Implied Consent statute and the loss of your driving privileges for one (1) year. You will be entitled to a restricted license to drive to work, school, church, probation and alcohol classes upon approval by the judge.


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