How to Avoid a DUI During the Holidays?
December 19, 2024
Throughout the holiday season, it is not uncommon to tip an alcoholic beverage and toast to the upcoming new year with sentiments of hope and health. However, the sound of clinking glasses could be replaced by the clicking sound of handcuffs for those who choose to drive under the influence. Since no one wants to spend a holiday in jail, it is important to explore how one can avoid a driving under the influence (DUI) charge and the consequences of these actions.
For starters, it is essential to note that like most states, Pennsylvania has a legal limit of .08% blood alcohol content. Those who are found guilty of driving under the influence can face a number of penalties, including a suspended license, jail time, fines, and treatment requirements. Higher insurance rates and having a negative impact on one’s occupation also are possible repercussions. It is also important to note that additional offenses only contribute to the complexity of alcohol-related cases, as the penalties only increase with each subsequent incident.
What Are My Options?
So, before you get behind the wheel, consider alternatives to driving under the influence:
- Designate a sober driver: The National Highway Traffic Safety Administration (NHTSA) reports that there were 239 alcohol-related crashes in Pennsylvania in 2020. In 2018, state police made 284 DUI arrests over the same holiday. With so many inclined to imbibe over this particular holiday, police are equally dedicated to being vigilant in seeking out individuals who are impaired. Therefore, handing over the keys to someone who elects to abstain from drinking for the night to make sure everyone gets home safely is never a bad idea.
- Hire a rideshare driver: If everyone intends to join in a particular celebration, consider hiring an Uber or Lyft to ensure everyone’s safety. This will ensure the safety of not just those in your party but also everyone else on the road who is trying to enjoy the spirit of the season.
- Get a hotel: If you are attending a large event farther away from home, consider getting a hotel close to the venue where you will be celebrating. However, do not be fooled into believing you can make the short distance from the venue to the hotel and make the mistake of driving. The idea is to be safe, so rely on a taxi or public transportation to bridge the gap from the party to the hotel.
- Remain close to home: Staying in does not have to mean being alone. Instead, host a neighborhood party and invite those within walking distance to celebrate with you.
- Drink water and eat between cocktails: The rate at which everyone metabolizes alcohol varies greatly according to weight, size, gender, and several other factors, including how much one has to eat and drink. Non-alcoholic drinks like water and food slow the rate at which alcohol is absorbed into the bloodstream, so sipping and noshing between beverages can help to make the drive home a safe one.
What Are Some Possible DUI Defenses?
Despite the best-laid plans, individuals may find themselves dealing with the consequences of being charged with a DUI. In this case, knowing your rights and what you should and should not do is important.
First, it is important to note that there are two components to proving a DUI case:
- The individual accused was driving the vehicle.
- They were under the influence of drugs or alcohol.
Since defenses can be used to negate one or both of these facts, it is important to retain as much information as possible about the event or circumstances as they unfold.
For example, whether or not an individual is driving a vehicle can be questioned. Depending on where the individual is in the vehicle—behind the wheel or elsewhere—could impact whether an individual can be said to be driving. Also, the location of the keys, whether the vehicle is running, and other details can be brought into question.
Similarly, the means a police officer uses to determine whether an individual is under the influence can also play a role in an individual’s defense. For example, an officer who notes a person’s eyes are bloodshot and they appear unsteady on their feet but does not conduct a chemical test to affirm their suspicions could be challenged in court. Conversely, if an officer requests a breathalyzer and an individual refuses, their license is automatically suspended for a year if it is a first offense.
Let a West Chester Criminal Defense Lawyer at the Law Offices of Heather J. Mattes Help You Sort Out the Facts
Don’t let your holidays take a bad turn. Knowing the law and how to apply it to a DUI case is not easy. Call a West Chester criminal defense lawyer at the Law Offices of Heather J. Mattes for assistance at 610-431-7900 or contact us online for a free consultation. Our office in West Chester, Pennsylvania, proudly serves clients in Chester County, Bucks County, Delaware County, Lehigh County, Montgomery County, and Philadelphia County.
