Drunk driving accidents and drunk driving arrests both increase during the holiday season. If you are tempted to drink and drive, or if you think you might put yourself in a position where you end up driving drunk this holiday season, we encourage you to ensure that you have a clear understanding of the risks involved. If you decide to drink and drive during the holidays, your decision could have life-altering consequences. Learn more from an experienced New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A.
Driving Under the Influence Substantially Increases Your Risk of Causing a Serious or Fatal Accident
Drivers who are under the influence of alcohol are significantly more likely to cause serious or fatal accidents. According to the National Highway Traffic Safety Administration (NHTSA), 30 percent of all fatal auto accidents in the United States involve drunk drivers with a blood alcohol concentration (BAC) of 0.08 percent or above. This is despite the fact that just three percent of drivers, on average, are under the influence at any point in time.
However, you don’t have to be over the legal limit (for drivers age 21 and older) to put yourself and others at risk. As the NHTSA also reports, “even a small amount of alcohol can affect driving ability. . . . there were 2,117 people killed in alcohol-related crashes where a driver had a BAC of .01 to .07 [in 2023].”
The NHTSA outlines the effects of alcohol consumption for drivers starting at a BAC of 0.02. These effects include (but are not limited to):
- BAC of 0.02 Percent – Some loss of judgment, decline in visual function, and decline in ability to multitask.
- BAC of 0.05 Percent – Vision impairment, further loss of judgment, reduced coordination, and reduced response to emergencies on the road.
- BAC of 0.08 Percent – Loss of muscle coordination, loss of judgment and self-control, impaired perception, and reduced information processing capability.
- BAC of 0.10 Percent – Further deterioration of reaction time and control, reduced ability to maintain lane position, and reduced ability to brake appropriately.
- BAC of 0.15 Percent – Further deterioration of all of the capabilities discussed above, including information processing and vehicle control.
The National Institutes of Health (NIH) explains why this is the case. Since alcohol is a depressant, it slows down brain activity, which can “change your mood, behavior, and self-control . . . . [and] cause problems with memory and thinking clearly.” It also “affect[s] your coordination and physical control.” All of these factors combine to make alcohol consumption dangerous for drivers.
The U.S. Centers for Disease Control and Prevention (CDC) also notes that certain groups of drivers are at greater risk for causing serious and fatal accidents while driving under the influence than others. For example:
- “Teen drivers have a much higher risk for being involved in a crash than older drivers at the same blood alcohol concentration (BAC), even at BAC levels below the legal limit for adults ages 21 years and older.”
- “Among drivers involved in fatal crashes in 2020, the percentage of drivers who were impaired by alcohol was highest among drivers 21–24 years old and 25–34 years old (26% each).”
- “Driving while impaired is more common among men. 22% of male drivers involved in fatal crashes were impaired by alcohol at the time of the crash compared with 16% for female drivers in 2020.”
Regardless of your personal traits, consuming even a small amount of alcohol during the holidays can be dangerous—for you, for your passengers, and for other drivers and passengers who are trying to enjoy the holiday season. But, even if you don’t end up causing an accident, getting a DUI during the holidays could still negatively impact your life for years to come.
Driving Under the Influence Carries Substantial Penalties in New Jersey
If you get pulled over while driving under the influence during the holidays, the police can charge you with DUI—and you can find yourself spending the rest of your holiday season trying to fight your DUI in court. If you get convicted of DUI, the consequences can be much more severe.
Let’s assume this is your first DUI and your BAC was between 0.08 percent and 0.10 percent. If you get convicted in court, you could face the following penalties:
- Three-month interlock device requirement
- Up to 30 days in jail
- 12 to 48 hours at an Intoxicated Driver’s Resource Center (IDRC)
- $250 to $400 fine
- $1,000/year surcharge for three years
- More than $500 in additional fees and costs
Now, let’s assume your BAC was 0.10 percent or above. In this scenario, you could face penalties including:
- 3 months suspension and up to 15 months IID
- Up to 30 days in jail
- 12 to 48 hours at an IDRC
- Mandatory ignition interlock device installation (if your BAC was 0.15 percent or above)
- $300 to $500 fine
- Additional surcharges, fees, and costs
If this is not your first DUI, if you had a minor in your vehicle, or if you refused the breath test, these are all factors that could increase the stakes of your DUI case even further. If you caused a serious or fatal accident while driving under the influence, the potential consequences will be even greater still. For example, if you cause a fatal accident while driving under the influence in New Jersey, you can be charged with vehicular homicide and—in most cases—face penalties including:
- 5 to 10 years in prison
- A driver’s license suspension of “between five years and life”
- Up to a $150,000 fine
However, if you cause a fatal accident while driving under the influence within 1,000 feet of school property (or on school property) or in a school crossing zone, you can be charged with a first-degree indictable offense. Under New Jersey law, first-degree indictable offenses carry 10 to 20 years of prison time, a driver’s license suspension of “between five years and life,” and up to a $200,000 fine.
These, of course, are in addition to the consequences of living the rest of your life with the knowledge that you were responsible for someone’s untimely death. Drinking and driving simply isn’t worth it, and we encourage everyone to make smart decisions this holiday season.
A DUI Conviction Can Have Other Consequences As Well
Along with the consequences discussed above, getting a DUI during the holidays can have other consequences as well. For example, depending on your individual circumstances, a DUI conviction in New Jersey could also result in:
- Loss of parenting rights (if you are divorced or separated)
- Loss of your immigration status (if you are a non-U.S. citizen)
- Suspension or expulsion from school (whether you are an in-state or out-of-state student in New Jersey)
- Suspension or revocation of your professional license or commercial driver’s license (CDL)
- Loss of your job and future job opportunities
Given all of the various risks associated with driving under the influence during the holidays, we hope that everyone makes the decision to find a safe ride home. But we also know that people make mistakes, and we firmly believe that everyone deserves a fair trial. Whether you were caught driving under the influence during the holidays or you have been wrongfully accused, we can use our experience to help you fight your DUI by all means available.
How You Can Avoid Drinking and Driving This Holiday Season
With all of these risks in mind, what can you do to avoid drinking and driving this holiday season? While the most straightforward answer is to avoid drinking altogether, we know that this is not a decision that many people want to (or are willing to) make. If you will be drinking this holiday season, to avoid getting drunk and then getting behind the wheel, you can choose options such as:
1. Drink Where You Are Planning to Stay the Night
One option is to only drink where you are planning to stay the night. If you will be hosting a holiday party or staying with friends or relatives, you can choose to only drink at your final destination for the evening. This way, you won’t need to find a safe ride at the end of the night—you can simply go upstairs and go to bed.
2. Give Your Keys to Someone Who Won’t Let You Drive Drunk
If you won’t be staying the night where you are drinking, you can give your keys to someone you trust not to give them back to you until the next day. This could be a spouse, friend, work colleague, or another family member. If you don’t have your keys, you won’t be able to get behind the wheel—even if you are inclined to drive while your cognitive abilities are impaired.
3. Make Sure You Have a Designated Driver
Instead of (or in addition to) giving your keys to someone who won’t let you drive drunk, you can make sure you have a designated driver. Of course, you need to make sure you can trust your designated driver not to drink before driving you home. If you have a designated driver, you can enjoy drinking responsibly while also knowing that you have a ride home at the end of the night.
4. Use a Rideshare (i.e., Uber or Lyft) to Get Home
Another option, instead of finding a designated driver, is to use a rideshare service (e.g., Uber or Lyft) to get home. If you have access to rideshare drivers in your area, you can reserve a ride in advance if you know when you are planning to leave, or you can book a ride later in the night when your holiday celebrations are over and you are ready to go home.
5. Drink in Moderation and Wait Until It Is Safe to Drive
If you don’t have any way to get home other than to drive yourself (and staying the night isn’t an option), then you should drink in moderation and wait until it is safe to drive. You don’t have to drink to excess in order to have a good time. At the same time, however, even a single drink can have impairing effects—so you need to err on the side of caution if you choose this option. While the rule of thumb is that you should wait an hour for each standard drink you consume, your body may not process alcohol at the same speed as the average person.
What if You Get Arrested for Driving Under the Influence During the Holidays?
What if you make a mistake and get behind the wheel—and what if you get caught? In this scenario, it doesn’t matter whether you had good intentions. Under New Jersey law, DUIs carry the same penalties (and other consequences) regardless of whether you were intending to drink and drive. Additionally, prosecutors and judges do not go easy on DUI defendants during the holiday season.
To protect yourself, you will need experienced legal representation—and you will want to hire an experienced New Jersey DUI lawyer promptly. You will need to attend your arraignment (unless your lawyer gets it waived), as failing to do so could result in penalties regardless of whether you were driving under the influence.
You will also need to fight your DUI by all means available, and determining what defenses you have available—and asserting them effectively in court—requires in-depth knowledge of New Jersey law. While you might not want to deal with your DUI during the holiday season, it is important that you do so, as ignoring your DUI could have serious consequences for years to come.
Need a New Jersey DUI Lawyer? Contact Us for a Confidential Consultation
Are you facing a DUI in New Jersey during the holiday season? If so, we encourage you to contact us promptly so that we can help. To speak with an experienced New Jersey DUI lawyer about your case in confidence as soon as possible, please call 877-435-6371 or contact us online today.
