Posted On: December 15, 2011 by Bruce M. Robinson

Merry Christmas, Happy Holidays, etc.....

The holiday season is upon us which means party, party, party; which actually translates into eat, drink, eat, drink. Please be reminded during this season to either limit the drinking, appoint a designated driver or take a cab! It is so much easier and less expensive to pay a cab then it is to retain us for a serious DUI charge.

As a reminder, the police are out there in force and boy do they love making DUI arrests. I was defending a client today who suffers from MS. She was stopped by the police and they apparently smelled alcohol on her breath. Because of her medical condition she was unable satisfactorily perform the field sobriety tests and because she was so emotional at the arrest, she was unable to adequately blow in the machine. She was charged with a refusal to blow as well as all the DUI citations.

We defended this nice young lady at the Administrative hearing where the MVA was attempting to take her license. We won that hearing and thus the MVA was unable to sink it's claws into her license. I appeared in Court today and after much debate, I was able to have all the alcohol charges thrown out; a positively wonderful result for our client.

The point however is that during this holiday season, the police are on ultra high alert. That is, they are always on alert (quotas $$$) but now, if you're on the road past 11pm, you are fair game. Then, if you combine the fact that you're driving after 11pm (practically a crime in itself) with any smell of alcohol, you are IN TROUBLE, even if you explain to the officer that you suffer from something as serious as MS.

Be careful, be responsible and enjoy the holiday season; and remember, even if you are BELOW .08, you are still in violation of the DUI laws.