With an estimated 43.4 million people on the road this Thanksgiving holiday, not only does the accident rate spike up, but the number of police patrols and DUI checkpoints increases as well. With law enforcement on high alert for drivers who are under the influence this weekend, celebrations and long travels are often a recipe for DUI arrests. It is reported that Thanksgiving sees the most DUI arrests out of any other time of the year. Only Independence Day and Memorial Day net close to as many DUI crashes and arrests.
Insurance companies call the day before Thanksgiving "Black Wednesday" because of the increased number of car accidents, and the accident rate is still pretty high throughout the whole Thanksgiving holiday as roads become extremely congested with travelers. While during this time of festivities with family and friends, it is only natural that you should enjoy a drink, it is important to realize that if you are going to be the on the road for a long time, your blood alcohol content (BAC) can rise over time. While you might set to the road legally, by the time a DUI test comes around, your BAC might be measured as above the legal limit. And then there are medications and foods that can increase the amount of alcohol that is read in your system; even poppy seeds can skew these tests.
If anyone wants to enjoy some drinks with their Thanksgiving leftovers, it usually best to have a designated driver or to call a cab if you have to go somewhere afterward. But if someone legally takes to the road unimpaired during this holiday, there is still the chance of getting an undeserved DUI charge. For example, an officer cannot pull you over unless he or she has a reason to. While this could mean anything from an expired registration sticker to your racing through a red light, an officer has to have a valid basis for doing so. And even if there is enough reason to have pulled you over, an officer further must have probable cause to investigate whether a driver is intoxicated or not. This could mean bloodshot eyes, alcohol on the breath, or even empty wine bottles or beer cans littering the front seat.
Then there are the actual DUI tests. While someone can usually refuse to take a field sobriety test without suffering consequences for this choice, doing so will often bring on the officer's suspicions. And if someone refuses a chemical test, such as a breath, blood, or urine test, then that person will lose their driver's license, usually for at least one year. Not to mention, this will look incriminating in a DUI trial.
What happens if you failed a test? A poorly performed field sobriety test may not be the end of the world, as such a test is far from precise, and it can sometimes be demonstrated that a medical issue, or a simple case of nerves or a lack of coordination was the real cause for failing. But even a failed chemical test can be overturned. Even though the machines themselves are fairly accurate and precise, there is room for human error at every point, from calibrating the machines to handling the samples or even administering the test. If a criminal defense attorney can argue that a test is mistaken, this evidence can be thrown out of court.
If you were unlawfully stopped by an overzealous police officer, if your rights were violated, or if there is an error in your charge, a skilled criminal defense lawyer may be able to discover this and vigorously defend your reputation and freedom. Every day makes a difference in your case, so start searching for the legal expert you need today!
