John Guidry is a defense attorney based in Orlando, Florida. He has decades of DUI cases under his belt, and often shares advice with his thousands of followers on TikTok.

Investigators in Tennessee recently found that more than 600 drivers were wrongfully arrested for DUI between 2017 and 2023. In many cases, folks were left to navigate complex and debilitating legal processes. All due to “evidence” built up by the arresting officer. Blood tests typically confirmed that the accused were innocent of the charge.

Guidry himself tells followers he has cases right now where his client was stone-sober. Yet the officer’s body cam footage records the cop saying, “I smell alcohol, I think you’ve had a lot to drink,” and so on. “But you haven’t had an ounce to drink for 20 years.”

“Cops have a ‘bag of tricks’ they’re gonna use on you when they pull you over,” he begins this one, “and this is particularly true of DUI arrests.”

How Cops Fish For DUI ‘Evidence’ Even if You’re Sober

1. They get you talking

“They want to chat you up,” Guidry explains. Things like where you’re coming from, how much you’ve had to drink, and so on.

But many folks might be nervous, tired, or have a physical condition that affects their speech. Guidry’s own brother is such a person.

The police officer might be using your sober but “unique” verbal cadence against you to build a false DUI case. People aren’t robots, and might not be able to handle traffic stops like a tenured YouTuber put on the spot.

Instead, the attorney advises, it’s perfectly within your right to only offer the officer your license, insurance, and registration they need to finish the stop. Otherwise, politely decline answering any questions.

An example script might be, “Hey, I’m going to give you the documents you need, officer. Hope you’re having a good night so far, but I’m not going to answer any of your questions.”

Guidry warns that they might persist. You can expect follow-up questions in a difficult-to-reject tone. Stay polite, but firmly repeat your script when it’s your turn to talk.

The attorney says you can also follow up with “Am I free to leave?”

2. They stack “crimes of opinion.”

Guidry gives some examples of “evidence” that isn’t evidence at all. The police officer might notice eye drops in your center console, or note that you have “bloodshot” eyes. This is not proof of DUI. Certain drivers, again, have medical conditions or other circumstances causing eye redness.

Another “crime of opinion” is the time of day itself. You’re allowed to drive your car at any hour. The police officer might cite 1 a.m., 2:30 a.m., etc. as “proof” that you’re more than likely driving under the influence. They might stack the time of day with other “relative” observances.

I’ll add that probable cause cases that present these “conditions” are often thrown out, but unfortunately, it depends on the judge.

3. They push you to complete field sobriety tests

“Don’t do the gymnastics.” Guidry days police officers may ask to you stand on one leg, late at night, while cars are whipping past at 70 mph.

It’s nervewrecking and dangerous. “This is voluntary. You can say ‘no’ to that.” The attorney emphasizes that it’s your right to refuse. There’s no punishment for declining these exercises.

After covering so many DUI cases (Judge Fleisher in Texas is a pretty good watch), I’ll add, if you’re wrongfully arrested for a DUI, the next few days are probably ruined. Don’t make them worse by increasing the stakes for you or the officer. Know your right to an attorney, stop talking to authorities, and handle the rest via legal process.