DUI Arrests Increase Over the Holiday Season

 Posted on January 10, 2024 in DUI/DWI/BUI

With the holidays upon us, law enforcement agencies throughout Tennessee are gearing up for increased DUI enforcement. The reality is that people tend to drink more during the holidays, which tends to result in more impaired drivers on the road, and enforcement is meant to keep our roads safe

A Jeffrey Coller, Knoxville Criminal Defense Attorney, we recognize that everyone accused of drunk driving is entitled to a defense. If you are arrested for DUI this holiday season, you should contact a Knoxville DUI defense lawyer as soon as you can. Our attorneys know how to defend against DUI charges and are committed to bringing every case to the best resolution possible.

Why do People Drink More around the Holidays?

For many people, the holidays are a time to celebrate, visit family and friends, and go to office parties - all of which often involve alcohol. Additionally, the stress of the holidays and simply taking time off work often leads people to drink more alcohol. Whatever the reason, increased alcohol consumption can lead to risky behaviors like getting behind the wheel while impaired. The best way to avoid a DUI arrest is to take steps to ensure that you do not drive after drinking. Some of the ways you can avoid drinking and driving this holiday season include:

• Making sure you have a designated driver
• Not driving yourself to functions where alcohol will be served
• Use public transportation
• Plan to stay overnight
• Host gatherings at home

Are there Defenses to DUI?

If you are arrested this holiday season, it’s important to keep in mind that an arrest does not necessarily result in a conviction. There are often various defenses that a DUI Knoxville DUI defense can raise that may result in your case being dismissed or an acquittal at trial. Some of the most common include:

Unlawful Traffic Stop

In order to pull you over, the police need to have reasonable suspicion that a crime is being committed or has recently been committed. It is not enough that you were leaving the parking lot of a bar or look like you might be around college age, for example. If the police cannot articulate a legitimate reason for pulling you over, any evidence they gathered could be thrown out.

Inaccurate Breathalyzer Tests 

Breathalyzer devices have been shown to be inaccurate, and any problems with the way the test was administered may result in the results being inadmissible against you. In addition, certain medical conditions like GERD may affect the reliability of the test.

The Rising BAC Defense

The rising blood alcohol concentration defense argues that at the time of driving, your BAC was below the legal limit, but it rose to an illegal level by the time you were tested. This can occur because alcohol takes time to absorb into the bloodstream, and your BAC may continue to rise even after you have stopped drinking. If it can be established that you were not over the legal limit while driving, this defense may be successful.

Call a Knoxville, TN, DUI Defense Lawyer Today

If you are arrested for DUI this holiday season or are already facing a DUI case, you should contact a Knox County, TN, DUI defense attorney today. To schedule a free case evaluation, call us today at 865-281-1000 or contact us online.