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Avoiding a DUI this New Year’s Eve

Posted by G. Wayne Van Bibber | Dec 31, 2015 | 0 Comments

The Law Offices of G. Wayne Van Bibber & Associates appreciate the trust you have granted us in 2015 in allowing us to protect you and your family. We hope you have a safe and happy New Year's Eve as you spend time with friends and family reflecting on the many blessings in your life.  However, be aware that with the fun, there is also a risk of accidents.  If you are injured in an automobile accident caused by another driver or perhaps caused by your own oversight we are a quick phone call away. We would like to offer the following free bits of advice to keep you and your family safe.


Before you go out, make a plan.  It sounds cliche, but if you are with friends decide early on who will be the designated driver.  If you are out on your own or with friends who will also be drinking, look for alternative rides. Find out which buses are still running in your area.  Keep in mind that many taxi services offer free rides on New Years Eve.  Find out which ones offer such a service and put their number in your cell phone ahead of time.


Even the best of plans can go wrong.  If you've had too much to drink and your alternative ride fell-through, don't be afraid to call a friend.  As inconvenienced as you think they may feel, they will still prefer to give you a ride in their car than lose you in an accident.

BE MINDFUL OF POLICE ACTIVITIES Even a sober driver can be pulled over, delayed and even embarrassed at a police checkpoint.  Particularly if it's New Years Eve and someone spilled a drink on you. The officer will smell the alcohol and you will very likely go through every DUI test available. If you'd prefer to avoid a checkpoint, many of them are posted in the local papers.  If you want something more up-to-date, the following twitter account bills itself as, “WV's #1 source for DUI checkpoints!”  Keep it handly… it's not just for New Year's Eve.

WHEN ALL ELSE FAILS Whether you've had too much to drink or not; if you find yourself pulled over with a police officer at your window, here are some important things to remember: You do NOT have to take Road-Side Field Sobriety Tests If you ever get pulled over for a DUI you need to remember that you do not have to take the road side field sobriety test. This includes the Horizontal Gaze Nystagmis Test (follow the pen with your eyes) the walk and turn test and the one legged stand. Your polite refusal to take these roadside gymnastics tests will not hurt your case. If you take the test the officer will likely say you failed and most sober people couldn't pass these tests anyway. What about the Breathalizer Test? You are not required to take the portable breathalyzer test. This is the hand held unit the officer has in the field. You are required to take the official breathalyzer (this is the large machine at the station). Refusal to take this test is worse than blowing over the limit and will result in a one year revocation of driving privileges. The only time you should refuse this test is if there is a death or serious injury involved. The LESS you say, the BETTER Just remember the more you say the harder your case is to defend.  Have our number handy and give us a call.  Even on New Year's Eve we still count it a privilege to Protect you and your family! CALL THE LAW OFFICES OF G. WAYNE VAN BIBBER & ASSOCIATES (304) 757-3330
If you need a professional referral for anything that would help ease the separation or divorce process, let us know.  Breath. Reorganize. Hope. Live. This is your new beginning and we are here to help.

About the Author

G. Wayne Van Bibber

Former Prosecutor, G. Wayne Van Bibber, has successfully served clients in Hurricane, Charleston, Huntington throughout the state of West Virginia for 25+ years. Aggressive Divorce and Personal Injury Attorney If you are going through a simple or complex DIVORCE, Wayne Van Bibber knows what's a...


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Serving West Virginia

The Law Offices of G. Wayne Van Bibber & Associates, PLLC serves clients in West Virginia including in Charleston, Huntington, South Charleston, Parkersburg, Beckley, Nitro, Dunbar, Barboursville, Scott Depot, Winfield, Buffalo, Ceredo, Kenova, Milton, Ona, Poca, Red House, Kanawha County, Cabell County, Putnam County, Lincoln County, Wayne County, Mason County and other communities throughout West Virginia.

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