The post-holiday period is a chaotic time in its own right. The flurry of taking down decorations, going back to school, getting back in the swing of work, and winding down from holiday parties takes some getting used to. After two years of muted celebrations due to the pandemic, people may have let loose a little more this year. For some, that may have included some misguided drinking and driving.

It’s a fact that driving while intoxicated is more prevalent during the holidays. The National Highway Traffic Safety Administration (NHTSA) reports:

Drunk driving is a problem on our nation’s roads every day, but it’s more prevalent during the holidays. During the New Year’s and Christmas periods in 2020, there were 209 drunk-driving-related fatalities. These deaths were 100% preventable. In 2020, there were 11,654 people killed nationwide in drunk-driving crashes, accounting for nearly one-third of the crash fatalities that year.

We know that drinking and driving is against the law; however, sometimes you just don’t realize when you’ve had too much to drink. Most people don’t intentionally drink and drive. Having said that, with DUI fatalities spiking during the holidays, police are out in force looking for drunk and buzzed motorists. If you were arrested and charged with drunk driving during this period, you’ll need a strong Knoxville DUI defense attorney on your side.

Avoiding holiday DUIs

First, let’s discuss how to avoid a DUI arrest to begin with. Even if you’re already facing charges, you can use this information to ensure you’re never arrested again and keep that record clean.

• Stay sober. Offer to be the designated driver, or just opt for soft drinks. You can’t be charged with drunk driving if you’re not drinking. (If that ends up happening, our attorneys will represent you.)
• Assign a designated driver. If you choose to partake while out socializing, assign a designated driver to ensure everyone gets home safely. Make sure that person has everyone’s contact information so nobody gets left behind without a safe ride home.
• Call an Uber or Lyft. One of the benefits of rideshares is that they’re convenient and there’s always a designated driver available. Tip – download and set up the app, including your payment method, before you start the party so everything’s ready to go.
• Don’t try to “sleep it off.” You might be tempted to just nap in your vehicle until you feel sober enough to drive home. It doesn’t matter whether your car is running; police call this “being in physical control” of your car and it’s still against the law.
• Avoid mixing alcohol and medications. Certain medications can cause you to become quickly intoxicated before you realize it. This includes both prescription and over-the-counter medications. Always check the warnings on any medicines before drinking alcohol.

The NHTSA also makes a note about marijuana and driving: “From 2019-2021, NHTSA conducted a study at several trauma centers and medical examiner offices involving drivers who were seriously injured or killed. The study found that about 26% of those drivers had active THC, which is found in marijuana, in their system.”

If you were charged with a Knoxville DUI

If you were arrested and charged with a DUI over the holidays, our defense attorneys can help. You likely have a lot of questions and concerns. We can answer questions specific to your personal situation in a consultation, but here are some of the most common queries we hear from our clients:

• Am I going to lose my driver’s license? You may, but we can help. A DUI conviction may result in a suspended license. However, in the meantime, our attorneys can work to secure you a restricted license for purposes of driving to work or school, as well as explain your obligations regarding an ignition interlock device (IID).
• How soon after my arrest should I talk to an attorney? If you didn’t call an attorney from the police station, you should contact one as soon as possible. The sooner you hire a lawyer, the sooner they can start gathering valuable evidence to strengthen and defend your case.
• Is a Knoxville DUI a felony or misdemeanor? A DUI in Tennessee is generally a misdemeanor. However, certain circumstances move it up to a felony. These situations include a fourth or subsequent offense, the presence of minors in the vehicle, or an accident causing serious bodily injury or fatality.
• Will a DUI stay on my record forever? Here in Tennessee, a DUI can never be expunged from your record, meaning it stays there permanently. However, if the charge is dismissed, you may be eligible to have the charge erased from your record. Our attorneys’ ultimate goal is to have charges dismissed or reduced whenever possible.
• What if I’m a commercial truck driver? Things operate differently for commercial vehicle drivers arrested for drunk driving. In addition to having a lower BAC threshold (.04% instead of .08%), even a first DUI offense can result in loss of your commercial driver’s license (CDL) for one year. A second conviction can result in a permanent suspension.

It’s vital to have an experienced DUI defense lawyer on your side if you find yourself facing charges this post-holiday season. The Knoxville attorneys at Banks & Jones understand your rights and are prepared to defend them. We use every resource at our disposal to work to ensure a DUI arrest doesn’t follow you around for the rest of your life, and work to minimize the charges against you. Let us help. To schedule a consultation with a member of our team, call our offices or fill out our contact form today.