Halloween: DUI and the Holidays

Halloween is a fun time for many people. The costumes, the parties, the candy, and trick or treating are a lot of fun. It can be, however, a dangerous time to be on the road for any driver that chooses to drink and drive. Officers have a much higher presence during the holidays and Halloween is no exception.

If you or someone you care for has been arrested for driving under the influence (DUI) of drugs or alcohol, an experienced Georgia DUI attorney can defend your case and protect your constitutional rights.

Halloween Risks

Halloween creates many special circumstances which can substantially increase the types of charges related to a Georgia DUI.

Halloween Parties

Halloween parties are a fun time to be with friends, have a drink, and dress up in a costume. For many, alcohol is a major part of the party itself. Drivers need to remember that Georgia has some of the strictest DUI laws in the United States and getting behind the wheel when intoxicated is risky.

Drivers with an blood alcohol content (BAC) level of 0.08% or higher will be arrested for DUI. The same is true, however, even if your BAC is under the "legal limit" through a statute called DUI "less safe." If a law enforcement officer believes you to be intoxicated while behind the wheel, they can arrest you even if your BAC is not 0.08% or higher. This highly subjective process can result in DUI charges when you are not intoxicated.

Trick-or-Treaters

With Halloween comes trick-or-treaters, cute little kids running around in costumes, often paying no attention to the rules of the road. Hitting a child while he or she is out trick-or-treating can result in vehicular homicide charges. If the homicide is the result of a DUI, it is a felony which carries up to 15 years in state prison.

Sobriety Checkpoints

During most holidays, Georgia law enforcement will set up DUI roadblocks to catch suspected drunk drivers. This allows police officers to stop every vehicle that comes through the checkpoint, even when no traffic violation has occurred. Officers are looking for

• bloodshot eyes,
• slurred speech,
• inability to stand or walk,
• confused thinking, and
• odor of alcohol or drugs.

At this checkpoint, if the officer suspects that you are intoxicated, he or she may put you through certain tests, including:

• Field breathalyzer test
• Field sobriety tests, such as
  • walk and turn test,
  • horizontal gaze nystagmus test, and
  • one-leg balance test;
• Blood and further breath testing if you are arrested.

DUI roadblocks have very specific requirements that must be met in order to be valid. An experienced Georgia DUI attorney knows the requirements and can attempt to invalidate your charges if they were not followed.

Consult a Georgia DUI Attorney

While Halloween can be an incredibly fun holiday to celebrate, you should know the risks involved. If you have been arrested for DUI during the Halloween holiday season, you can challenge the results to defend your case. An experienced Georgia DUI attorney is here to help. Contact us today.