Christmas is one of the most joyful, cheerful, and ecstatic times of the year. From gathering with friends and family, it is a festive time for all. Although it can be a fun time, this period also sees an increase in DUI arrests. A holiday arrest is more common than you think, as police officers are more alert and DUI checkpoints are present. If you or someone you know comes across a situation where you are in this situation, here is a guide on what to expect:
The DUI Arrest Process
During a traffic stop or a DUI checkpoint law enforcement can be suspicious of impaired driving, pulling you over. If they suspect that you are excessively impaired, they will administer a breathalyzer or whatever field sobriety test they deem necessary. If an officer believes that your blood alcohol content (BAC) is over the legal limit, you will likely be taken into custody, which can carry serious legal consequences.
After you are arrested, the driver will go to the police station for booking. The booking process includes the impaired driver taking a mugshot, scanning for fingerprints, and completing the necessary paperwork.
DUI arrests during the holidays are not ideal, as according to Jason Dunkle, a Pennsylvania DUI attorney from State College, he states that “The DUI arrest experience is not the best come this time of the year, especially during the holidays since the Christmas spirit is present.”
Posting Bail and Releases During the Holidays
In most events, the offender will have the chance to post bail. Bail is set based on a couple of factors such as:
- Your Record
- Any Offenses in the past
- Blood Alcohol Content (BAC) Level
During the Christmas and holiday periods, the court systems can be backed up and busy. With these busier times, the release process can be delayed. It can also make reaching and seeing a judge for bail processing challenging.
Court Dates and the Legal Process
A DUI arrest ultimately requires you to make a court appearance. The driver will have the chance to face and address the charges and see if you’ll plead not guilty, guilty, or no contest.
However, since the Christmas holiday season is a busy time of the year, the court date may not be scheduled until after the holidays. For a lot of people, this signifies that you will be going into the Holiday season with the thought of the court date and an impending case. This is tough because it will not bring you the peace of mind that comes with the holiday season.
Depending on the state you committed the DUI offense, you could potentially face charges that vary from misdemeanors and felonies. Other contributions lead to the classification of these charges, such as previous offenses and other factors. Reaching out to an experienced DUI attorney will be very beneficial to creating the best possible outcome for you.
Consequences of a DUI Conviction
Being convicted of a DUI can have very damaging consequences. It is just as negative knowing that you could be facing them during the holidays. These DUI conviction consequences include:
- Fines
- Suspension of Driver’s License
- Jail Time
- Alcohol Counseling
- Alcohol Education Programs
- Probation
All of these consequences can range in severity depending on multiple factors such as the state’s laws, the serious nature of the incident, and any previous offenses before this one. These penalties can affect you not only during the holiday celebrations with your family but long-term in day-to-day life.
How a DUI Affects Holiday Celebrations and Family Plans
From the emotional standpoint of being arrested for DUI, and the financial perspective of fines and posting bail, it can be very draining for your family during the holidays. It will interrupt all Christmas holiday plans and affect any other expenses that could be used towards the holiday festivities. With the suspension of the license due to DUI, traveling for holidays to visit family will become more difficult. In some cases, getting a DUI while traveling out of town can even complicate your ability to return home.
Moving Forward
Experiencing a DUI arrest during the Christmas holiday season can feel overwhelming and stressful. It can provide a sense of unhappiness during a time when it is usually joyful, especially with your loved ones. Although it is these things, it is especially a wake-up call to reflect and commit to more responsible choices. Many states provide resources such as support programs and counseling to help individuals with alcohol use and make positive changes, especially if drinking has become a problem.
Taking proactive steps can prevent future accidents and family worries. Reaching out to a trusted attorney can make the legal process easier to navigate if you’re dealing with a holiday DUI. With the right support and commitment to change, turn this dark experience into a safer and more positive lesson.
