Other than not driving after drinking(that's the best way to avoid the consequences of a DUI) what advice would you give to the person that is pulled over after having a beer or three?
I was relaying some of the advice a lawyer gave me.
If you avoid all the test, you will likely still be arrested. If you fail to take the breathalyzer, you will lose your license due to implied consent, regardless of the outcome. My advice, if you have only had one or two beers is to take the test. Usually, cops have a PBT (unofficial breathalyzer) on the side of the road and the HGN test is usually the most acuarate test to decide to arrest or not, the other test are just more visiuale proof.
However, if you are cooperative with the cop, even if you are borderline .08, it is more liekly the cop may let you call someone to pick you up. Or they will let you go if you blow very low on the roadside PBT.
No offense to your friend who is a DUI lawyer, but in all situations follow the money. DUI lawyers get paid when DUI cases go to court, so they give advice based on such. Even if you beat the DUI in court or get reduced charges etc, the cost to you will still be several thousand dollars and DL will still be suspended (unless the judge decides not to enforce thw implied consent law.)
As for the search, when you are arrested the cop is allowed to do an inventory of your car for impound, but this doesnt not include looking in looked compartments etc. As for the K9, a K9 can walk around the outside of your car and build probable cause for a search if necessary. The key to the legality of this is that no extra time can be built into the stop for the purpose of waiting on a dog. For example, if that officers normal stop is 7 minutes with one ticket issued, they cant make you wait 15 minutes with one ticket issued.
Sorry so long, lots of variables in this stuff.