North Carolina has some of the strictest DWI laws in the nation. While law enforcement is on the lookout for drunk drivers year round, there are heightened enforcement measures in place during the holiday season. Since the holidays are a time when people gather at parties and events involving alcohol, there are more drivers on the road who are operating their vehicles while impaired. If you’ve been arrested for a holiday DWI, it’s critical to have a skillful DWI attorney by your side who can fight the charges against you.

Key Takeaways

Reasons DWI Arrests Spike During the Holidays

With the goal of keeping impaired drivers off the road, law enforcement in North Carolina typically runs its “Booze it or Lose it” campaign during the holiday season. The campaign enhances efforts to combat drunk driving around the weeks when DWIs are more prevalent. It focuses on increased law enforcement presence, sobriety checkpoints, public education, and the promotion of safe alternatives. Nevertheless, there are still a significant number of DWI arrests in November and December.

A wide range of factors contribute to the increase in holiday DWIs, including the following:

• Holiday travel: Many people travel around the holidays to visit with family, celebrate with friends, or attend office parties. Alcohol is often served at these gatherings, increasing the likelihood of drinking and driving.
• Social gatherings: Alcohol is part of many holiday celebrations during the holiday season. People may consume more alcohol than they normally would due to the festive atmosphere at these events.
• Failure to arrange a ride: DWIs often occur because the driver had failed to arrange a safe ride home. If you will be attending a holiday gathering where alcohol is involved, it’s crucial to plan a ride in advance. Many DWIs can be avoided by arranging a ride with a sober friend or taking an Uber home.
• Fatigue: Fatigue caused by holiday preparations, combined with alcohol, can impair judgment. Due to disrupted sleep and exhaustion around the holidays, a driver may not realize their level of impairment when they make the decision to get behind the wheel.
• An increase in stress: Many people may feel stressed during the holiday season for various reasons, sometimes leading them to turn to alcohol as a coping mechanism.

The consequences of a holiday DWI can be severe and include loss of your driving privileges, time in jail, community service, and substantial monetary fines. A conviction can also result in collateral consequences, including a permanent criminal record, increased insurance premiums, loss of a professional license, and damage to your reputation in the community. The penalties can be even more severe if you were driving while impaired with a child in the car.

What to Do if You’ve Been Pulled Over for a Holiday DWI

If you’ve been pulled over for a holiday DWI, remain calm and keep your hands visible. When the police officer approaches your vehicle, be respectful and cooperative. Appearing rude or belligerent can only be interpreted as a sign of impairment. While you are required to provide the officer with your license, registration, and insurance information, you do not have to answer any incriminating questions such as, “have you been drinking?”

Critically, you also have the right to decline a field sobriety test or portable breath test. You can also refuse to submit to an Intoximeter breath test once you are placed under arrest. However, it’s vital to understand that there can be serious repercussions to refusing a chemical test, including automatic suspension of your license with the DMV. In addition, law enforcement may obtain a search warrant to compel you to provide a blood sample.

Additionally, once under arrest, the police are required to read you your Miranda rights before questioning you. While you can invoke your right to remain silent at any time, the Miranda warning triggers specific protections. At this point, if you clearly state you wish to remain silent and want to speak with an attorney, the police are no longer permitted to question you.

Contact an Experienced North Carolina DWI Attorney

If you’ve been arrested for a holiday DWI, a knowledgeable criminal defense attorney can protect your legal rights and fight the charges against you. The Johnston County DWI attorneys at Reece & Reece, Attorneys at Law provide trusted representation to North Carolina drivers for a wide range of DWI offenses. Call (919) 300-1249 or contact us online to schedule a consultation and learn how we can help.