It’s the holiday season! You can probably guess that this time of year sees a dramatic increase in DUI arrests. Over the holidays, drinking and driving have become a serious issue. Between office parties and family get-togethers, many people are less vigilant about staying sober when they know they’ll be driving, or refusing to drive at all when they have been drinking.

Thanks to DUI statistics over the years, police officers can now forecast which holidays have an increased risk for drunk driving, which means they’re hyper-vigilant during these times. Because of this, DUIs skyrocket over the holidays.

Of course, the best way to avoid a DUI on these holidays is to avoid drinking at all, but if you find yourself facing a DUI charge, here are some things you’ll want to know.

1. You can get a DUI even if you don’t feel drunk.

There is no scale that tips when your blood alcohol content goes from 0.07 percent to 0.09 percent. You don’t suddenly feel drunk or start falling over. In fact, according to the Centers for Disease Control and Prevention, the difference between a BAC of 0.05 and 0.08 includes effects like:

• Difficulty detecting danger
• Impaired self-control
• Diminished muscle coordination
• Problems controlling speed

These are hardly measurable effects, and there may still be no outward or visible indication of intoxication, even at 0.08 percent. Because of this, people might feel completely comfortable having another drink. In the eyes of the law, someone who is just barely over the legal limit can face the same penalties as someone who is clearly displaying signs of intoxication.

2. Cooperate

If you’re pulled over by a police officer under suspicion of driving under the influence, it is imperative that you cooperate with him or her at all times. Even if you are severely intoxicated, you should do your best to comply with the officer’s requests. Do not argue with a police officer under any circumstances. Remember that your lack of consent can affect you adversely later in court

3. Your car might be towed

If you’re charged with a DUI, the officer will transport you to the police station in a patrol car. Your vehicle will probably be towed at your expense, and you’ll be notified as to which company has towed your vehicle and will be given the contact information to retrieve it. Contact the towing company that impounded your vehicle as soon as possible and arrange for it to be picked up and pay all towing costs.

4. Booked, processed, contact your lawyer.

After you arrive at the police station, you can expect to wait for up to several hours before being processed. If this is your first offense, the process will take longer. Your fingerprints and mugshot will be taken and an investigator or other police officer may ask you questions about the circumstances of your driving under the influence of alcohol or drugs. You will be given the opportunity to contact your attorney prior to your arraignment. This is extremely important…ask for a lawyer. Contact DUI Defense Attorney Terry Sherman.

5. You may be incarcerated, you may be released.

The length of time you stay at the police station depends on several factors, including the location of your DUI, your age, criminal record, the severity of your intoxication, as well as other factors. If you’re to be released on bond, you will be given the opportunity to contact a bondsman, friend, or relative to arrange for the amount to be paid and for someone to pick you up from the police station. In some cases, you will be incarcerated immediately. Nevertheless, be prepared to remain at the police station for a minimum of several hours before the logistics of your DUI charge are settled.

6. You’ll go before a Judge.

If charged with a DUI, you will likely have to appear in court to receive your sentencing. You will have the option of using your own attorney or being appointed one by the court. Remain calm and respectful during the court proceedings at all costs. Answer any questions truthfully and make sure you do so with your attorney by your side. If you fail to appear in court the judge will most likely issue a warrant for your arrest.

7. Community service and/or fines.

Several people who are charged with DUI are required to complete community service or court referral programs. If you’re one of them, complete these programs as soon as possible so that it can be reported back to the court that you have fulfilled your sentencing. Remember to pay any fines in full as soon as you are able. Typically, there are payment plan options available.

8. Long-term consequences.

If you get a DUI, the charge will probably stay on your record for several years, if not permanently. Potential employers will be able to view these records before they hire you, so if you’re planning to look for a new job in the near future, be upfront and honest about your DUI charge. It’s better to explain the situation beforehand than appear to be covering it up.
Of course, be careful this holiday season. Use Uber, Lyft, or a designated driver. However, should the worst happen and you do get arrested for a DUI, contact a DUI attorney Terry Sherman as soon as possible for legal help.

Don’t ever assume that your DUI case is unbeatable.
These are very complex matters, and there is a wide range of defense strategies that have proven extremely effective in these types of cases.

While there are many effective defense strategies, here are 9 ways to win a Columbus DUI case.

1. The Traffic Stop Was Illegal And Wasn’t Supported By Probable Cause

A police officer needs to have a reasonable suspicion to pull a driver over. If the police officer can’t explain why he or she reasonably suspected the driver had broken the law, then the traffic stop may be declared unconstitutional and the DUI charge may be dismissed.

2. The Arrest Was Illegal And Not Supported By Probable Cause

An officer needs to have probable cause to arrest someone. If the officer didn’t have sufficient evidence to merit probable cause, the arrest may be declared unconstitutional. The drunk driving charge could be dismissed.

3. The Field Sobriety Tests Were Administered Improperly

Field sobriety tests are always voluntary. If a police officer forced the driver to take a sobriety test, the accused individual’s Fourth Amendment rights might have been violated which means the test results could be thrown out.

Furthermore, it’s important these tests are administered properly. For example, if the tests are conducted on uneven ground, they could be considered invalid.

4. The Breath Test Was Administered Improperly Or With Faulty Equipment 

There’s a right way and a wrong way to use a breath test machine. If an officer uses the machine incorrectly, the results could be thrown out. Additionally, mechanical issues may impact the accuracy of the results.

Some machines are affected by temperature. For example, if the machine is stored in the trunk on a cold day and not allowed to warm up prior to being used, the results might not be accurate and should be considered invalid.

5. A Medical Issue Or Some Other Factor Interfered With The Breath Test

Several everyday issues can lead to false positives on a breath test. Let’s say a person burps after recently consuming alcohol and then takes a breath test, the results might show a higher blood alcohol content (BAC) than normal. Or, if a person is running a fever when they take the test, the results may also be skewed.

Your lawyer will review the case to determine if any interfering factor was present and seek to have results thrown out.

6. The Blood Test Was Administered Improperly Or The Equipment Was Faulty

While blood tests are typically conducted in a more controlled environment than breathalyzers, there is still the possibility of errors. For example; Was an alcohol swab used on the draw site? Was the sample handled correctly during the testing process? Any issue that might interfere with the accuracy of the results could lead to the results being considered invalid.

7. A Medical Issue Interfered With The Blood Test

There is an enzymatic method is typically used for determining alcohol content in blood tests. However, this method may lead to inaccurately high readings that confuse serum alcohol, which might be produced by tissue trauma, like bruises, with ethyl alcohol. If there’s reason to believe that such a factor interfered with the blood test, the results should be thrown out.

8. The Accused Was Not Operating The Vehicle

Occasionally, a person will be charged with DUI even though he or she was merely caught sitting or sleeping in the vehicle. If the police officer did not personally witness the individual driving while intoxicated, the case can be dismissed.

In cases like these, the court must determine whether the evidence establishes beyond a reasonable doubt that the defendant was either in actual control of the vehicle (keys in ignition or engine running) or driving.

9. Jurisdictional Issues And Speedy Trial Issues

The location of the DUI dictates which courts will hear the case and which police officers can conduct the arrest. In some cases, if an officer makes an arrest outside of his or her jurisdiction, it can be used as part of a defense strategy. The prosecution has a limited amount of time to try your case. If the Commonwealth fails to prosecute during the allotted time frame, the case can be dismissed.

If you’ve been accused of DUI, take action to ensure that it doesn’t impact your life. Columbus DUI defense attorney Terry Sherman will help you secure the results that you need to be able to move forward with your life. Schedule your free consultation