In August, I reported on seven drivers in Tennessee. See, all seven had been pulled over at various times between 2018 and 2025. All were accused of DUI. Each of them got arrested. And none of them received a conviction.

The same police officer, Tennessee Highway Patrol Trooper James Zahn, made every single one of these wrongful DUI arrests. Each victim was cleared after blood tests revealed they’d not had a drop. In one case, the driver sat bleeding in an ambulance after a car accident while body cam footage showed Zahn suggesting the motorist was on cocaine or “some kind of upper.” He wasn’t.

Shockingly, a recent investigation revealed that more than 600 drivers in Tennessee also dealt with wrongful DUI charges between 2007 and 2014. Many of the accusations were the result of human error and overall baseless probable cause.

Who knows whether other innocent drivers didn’t fare as well in court. After all, when it comes to probable cause cases, a lot depends on the defense attorney’s attitudes and skills, as well as the judge’s.

“You get in there and you help people, no matter what.” It’s a level of protectiveness his mother instilled in him.

Before getting into criminal defense, John Guidry grew up in a “rambunctious” house with his two brothers. Despite their rowdieness, though, their mom always came through for them.

He admits it was sometimes “over the top” or “undeserved.” Still, it was a life lesson he took to heart. “That’s what my mom did for me and my brothers, I’ve been doing that since 1993.”

And after watching a lot of his content, it’s clear that when it comes to getting pulled over by the police, he believes in drivers being fully prepared for the interaction. This includes learning how to avoid a wrongful DUI. You can watch his full YouTube video below.

First, though, I want to add a disclaimer that feels remedial to even have to type, but here it is: If you stupidly decide to drive under the influence, these pointers aren’t likely to save you. When imbibed, plan a ride.

Otherwise, if a police officer pulls you over and accuses you of a DUI you don’t deserve, you might keep these tips in mind.

Stay organized

This one’s easy, “But people don’t do it.” Keep your license, registration, and proof of insurance together and easily accessible to you. I’ll add that everything needs to be up-to-date. The attorney suggests drivers keep all three clipped on your visor or in the center console under your elbow.

The key here is to prevent fumbling on your part. You might be tired or nervous from the jump. Scrambling for the right paperwork just looks bad to the police officer and might add to any unconscious bias against you. “This cop does not that you’re tired or had a rough day. They think that the more you fumble, the more you can’t find things, the more drunk you are.”

Keeping all your documents together can prevent the traffic stop from escalating. “Bam, you win.”

“Do you know why I pulled you over?” is a trap

“Don’t ever say, ‘Yes, officer, I know I was weaving,’ ‘Yes officer, I know I was speeding,’ ‘Yes, I made a crazy u-turn…”

Guidry explains that he once attended a DUI conference that presented some research on this. He says that when you incriminate yourself, your risk of a DUI charge “goes through the roof.”

The “I smell the odor of alcohol on the driver’s breath” line usually gets tossed in deep into the interaction

The defense attorney says that police officers can’t really even smell your breath unless you’re talking to them for a while.

Guidry often reviews body cam footage of his clients interacting with an officer after the fact (you know, once they’ve hired him to defeat the DUI charge). “And I’m like, oh yea…my client keeps talking and all of a sudden, we’ve got the odor of alcohol.”

This simple note on a DUI charge might make defending it a bit more complicated, but it isn’t the end of the world. In covering traffic stops, I’ve watched a lot of Judge Fleischer of Harris County, Texas. He’s the now viral judge who often wears a signature bow tie. The judge often hears cases using probable cause as the main motivator for an arrest. In other words, there isn’t tactile evidence present. It’s typically just someone’s word against the defendant.

Judge Fleischer dismisses probable cause cases often. In these situations where an officer smells alcohol but there’s zero evidence of drinking otherwise, if the judge is, well, in my mind, reasonable, they shouldn’t just take a police officer’s word for it. Of course, there are many factors at play, but a “smell” doesn’t prove much of anything.

Back to Guidry, he suggests keeping it simple and try to avoid saying anything at all.

“Where are you coming from?” “Have you been drinking?” “How much have you had to drink tonight?” are more traps

“I hope you remember this,” Guidry starts. He says to be extra nice to the officer, and reply to any questions with, “I’m sorry officer…I don’t want to discuss my day today.”

The silent treatment is another DUI investigation tactic

The defence attorney explains that if you shut down attempts at conversation, the police officer might go silent. He says that this is actually a tactic used to make drivers uncomfortable.

People hate sitting in absolute silence, so they inadvertently start talking to get out of the moment.

“Some people start blabbing and the ‘odor of alcohol’ comes out.” Guidry also says this could be when an officer notes “slurred speech” or other “signs” of DUI. “Don’t fall for the awkward silence.”

The comments initially lean more toward my earlier disclaimer, but quickly shift to affirm the tips

“The best advice is this ( if you have anything to drink; simply don’t drive ).”

“Best tip: If you plan on drinking, get an Uber from the house and leave your car at home. You don’t save any time or money by driving out there first and ubering back home. You still have to uber back the next day to get your car, only now you are hung over and could be sleeping instead. So just leave it at home.”

“The first piece of advice is key on any traffic stop.  It just makes things so much easier if you have your stuff in your hand when the cop walks up.”

“Been sober for over 7 years now. Unfortunately got a dui 8 years back when I was 23 going through stuff. Learned my lesson and embarrassed I put myself and others at risk. But now I’m worried about being profiled because of that arrest. These tips will help people like me. Drive sober and know your rights.”

Guidry actually responded to that one, confirming the driver’s concern: “Thanks for watching and congrats on your sobriety!  Your instincts on this are correct, I believe that when officers see a prior DUI they can be a bit more sensitive than they would otherwise be so this information could be very helpful.  Keep up the good work.”

I reached out to John Guidry via the “Contact Us” form on his firm’s website for comment.