December 27, 2023

The holidays should be a time of cheer, community, and gratitude. For many people, holiday gatherings and celebrations often include indulging in alcoholic beverages. This holiday tradition is no big deal — until vehicles are involved. In the United States, holidays in November and late December carry some of the highest rates of DUIs, especially Thanksgiving and New Year’s Eve¹. Learn about avoiding holiday DUIs and the importance of working with a DWI attorney in Utah if you are arrested.

Why Do DUIs Increase During the Holidays?

More DUIs are given out during the holidays for two key reasons: there are higher rates of alcohol consumption throughout the general population on holidays, and there are increased police patrols during these days. As friends and family come together from near and far, many celebrations revolve around sharing delicious seasonal food and drinks. Whether there’s a tasty cocktail or bottles of wine, it’s easy to overindulge in alcohol during a long meal. As a result, alcohol consumption and driving after a few drinks is more common on holidays than during an average weekend.

Because of this fact, there are typically more police patrols and sobriety checkpoints in place on the holidays. Police officers look for signs of driving under the influence, such as swerving or driving at an erratic speed. Since DUIs are common during holidays, some police officers may also make assumptions about drivers they have pulled over. Even if you have not been drinking and are pulled over on a holiday, it’s essential to follow best practices and to consult a DWI attorney in Utah if necessary.

Avoid Holiday DUIs

Driving under the influence is never a safe choice, even if you have only had a few drinks. Getting behind the wheel while intoxicated poses a risk to you, your passengers, and other drivers on the road. Consider implementing these tips for your next holiday gathering:

• If you are hosting, consider offering a spare room, air mattress, or couch for guests to sleep on for the night if they have been drinking.
• If you are commuting to a party, decide on a designated driver before the festivities begin.
• Use a rideshare service instead of driving if you plan to drink at a holiday party.
• Remember that you can still be arrested and convicted of drunk driving even if your blood alcohol level is below the legal limit if your ability to drive is inhibited by alcohol.

What To Do if You’re Pulled Over

Whether or not you have been drinking, taking the appropriate steps and understanding your rights if you are pulled over is critical. Remember, there may be assumptions that you are driving under the influence simply because of the prevalence of drunk driving during the holidays. Keep this guidance in mind whether you are pulled over while sober or you have made the common mistake of driving after drinking.

1. You do not have to answer questions that may incriminate you. Complying with the officer and providing your basic information is a good idea, but you have the right to decline to answer questions that could be used against you.
2. You do not have to submit to a field sobriety test. You will likely be arrested if you decline the test, but failing the test can be used as evidence against you in court.
3. You do not have to submit to a breath, blood, or urine test — but there are consequences. Rejecting this test will result in an 18-month suspension of your driver’s license. In most cases, it is best to agree to a test.
4. Remember that the numbers are not always correct. If you see that a breathalyzer test says 0.083, it’s not time to give up and admit guilt. Tests are not perfect, and there are protocols for administering a breathalyzer test that the officer may not have followed.
5. Stay calm and contact a DWI attorney in Utah as soon as you can. There are various deadlines to be aware of after a DUI arrest, and there are important details that are easy to miss without professional guidance.

Working With Branson West Law

Though common, a felony DUI can carry consequences that will permanently alter the course of your life. Even if it is your first offense, you can face up to 6 months in jail and up to $1,850 in fines for a DUI in Utah. Proceeding with the right professionals at your side is critical for maintaining your rights and protecting life as you know it.

Branson West Law has helped thousands of people get their DUI charges dropped or reduced. Bringing a deep familiarity with Utah prosecutors and judges, he knows the system inside and out. His compassion for all clients and his dedication to protecting your rights qualify him to assist in your DUI case. Call today for a free consultation!