The holiday season is filled with celebrations – office parties, family gatherings, college friends returning home, and New Year’s festivities. Unfortunately, it is also one of the most active times of year for driving under the influence charges involving alcohol, marijuana, and other drugs. Law enforcement agencies increase patrols, sobriety checkpoints are more common, and drivers may underestimate how impaired they actually are. Even two glasses of wine can be enough to put someone at legal risk.
Why Are Holiday DUI Arrests So Common?
During the holidays, people often drink in unfamiliar settings, over longer periods of time, or without planning safe transportation. Alcohol tolerance varies, and stress, fatigue, or medications can amplify impairment. At the same time, police are specifically trained to look for signs of impaired driving during this season. Increased traffic, poor weather conditions, and late-night driving also raise the likelihood of stops and accidents.
What Happens If You Are Pulled Over on Suspicion of DUI or OUI?
If an officer suspects impairment, the stop may quickly shift from a routine traffic matter to a criminal investigation. Officers observe speech, coordination, eye movement, and behavior. Questions may seem casual, but they are often designed to gather evidence. Remaining calm and respectful is important, but drivers should understand that the interaction is not neutral once impairment is suspected.
Do You Have to Take Field Sobriety Tests?
Field sobriety tests are commonly requested, but they are not required. These tests are subjective and are designed primarily to collect evidence, not to prove innocence. Performance can be affected by anxiety, weather, footwear, medical conditions, or fatigue. Many people perform poorly even when they believe they are sober. Politely declining field sobriety tests is a lawful option, though it may not prevent an arrest.
Should You Take a Breathalyzer Test at the Roadside?
Portable breath tests used at the roadside are also generally intended to support probable cause. Like field sobriety tests, they are investigative tools. Refusing a roadside breath test may result in increased scrutiny, but drivers should understand that these tests are part of evidence gathering, not a safeguard for the driver.
What About Chemical Tests at the Police Station?
If arrested, drivers are typically taken to the police station for booking, and their vehicle will be towed. At that point, officers may request a breath, blood, or urine test. Refusing a chemical test often comes with administrative consequences, such as license suspension, and officers may emphasize these penalties. While refusal can feel intimidating in the moment, providing a test also creates powerful evidence that can be difficult to challenge later.
What Rights Do You Have During a DUI Arrest?
Drivers have the right to remain silent beyond basic identification and the right to consult an attorney. It is important not to argue roadside, make admissions, or try to explain consumption. Statements made during an arrest are often used later in court. Staying calm and respectful while protecting one’s rights can make a meaningful difference in the outcome of a case.
Why Early Legal Representation Matters
DUI and OUI charges carry serious consequences, including license suspension, fines, and potential jail time. Decisions made during the stop and arrest can significantly impact the case. In many situations, choosing not to provide additional evidence and contacting an experienced criminal defense attorney as soon as possible may provide the strongest opportunity to challenge the charges and protect future driving privileges.
If you or a loved one is arrested for driving under the influence this holiday season, speaking with an experienced criminal defense attorney promptly is critical. A knowledgeable attorney can evaluate the stop, the evidence, and the procedures used, and help determine the best path forward during what is often a stressful and overwhelming time.
