A Simmons & Wagner DUI Defense Guide
The holiday season is known for celebrations, family gatherings, and long-awaited time off—but it’s also one of the most dangerous periods for DUI arrests. Between Thanksgiving, Christmas, and New Year’s, California law enforcement dramatically increases patrols, sobriety checkpoints, and roadside enforcement. Even responsible drivers can find themselves pulled over, questioned, or arrested based on assumptions rather than facts.
At Simmons & Wagner, we see a major rise in DUI cases every holiday season. Understanding why this happens—and how to protect yourself—can make all the difference.
Why DUI Arrests Spike During the Holidays
1. Increased Alcohol Consumption
Holiday parties, office gatherings, and family events often involve drinking. Even a small amount of alcohol can draw police attention during these months because officers expect impairment.
2. “Maximum Enforcement Periods”
The CHP and local police departments launch targeted campaigns during the holidays. You’ll see:
- Extra patrol units
- Randomized DUI checkpoints
- Roving saturation teams
- Automatic license checks
This means more stops, more tests, and more room for mistakes.
3. Early Evening Driving Conditions
Shorter days and darker evenings make driving trickier—people may drive more cautiously or hesitantly, which officers sometimes interpret as signs of impairment.
4. Increased Travel Volume
More cars on the road means:
- More traffic stops
- More minor traffic errors
- More officer contact
Even something as simple as touching the lane divider or braking suddenly can trigger a DUI investigation.
Common Myths About Holiday DUI Season
Myth #1: “If I go through a checkpoint, I have to answer every question.”
Not true. You must provide your license, registration, and insurance—but you are not required to answer questions about drinking.
Myth #2: “If I pass the field sobriety tests, they have to let me go.”
Incorrect. Field sobriety tests are subjective and often used to justify an arrest even when someone is sober.
Myth #3: “Checkpoints are always legal.”
They must meet strict constitutional requirements. If a checkpoint wasn’t set up properly, any arrest at that location may be invalid.
Myth #4: “Holiday enforcement means harsher penalties.”
Penalties are the same, but police are more aggressive. The biggest difference is the likelihood of being stopped, not the severity of punishment.
How to Protect Yourself During the Holiday Season
1. Plan Transportation Ahead of Time
Use rideshare, designated drivers, or public transit. Even just “a couple drinks” can lead to an arrest if an officer misinterprets your behavior.
2. Know Your Rights at a Traffic Stop
You must provide identifying documents, but you do not have to:
- Perform roadside field sobriety tests
- Answer incriminating questions
- Consent to a vehicle search without cause
Being polite but firm can prevent unnecessary escalation.
3. Avoid Sleeping in Your Car After Drinking
Many people assume this is safer—but California can still charge you with DUI if you’re found in “actual physical control” of your vehicle, even if you never drove.
4. Be Mindful of Medication and Fatigue
Drowsiness, prescription medications, and even holiday stress can cause driving patterns that mimic impairment.
5. Document Your Night if You’re Going Out
Receipts, rideshare logs, and text messages can be valuable evidence if you’re falsely accused of driving while impaired.
What to Do If You’re Pulled Over
- Stay calm
- Keep your hands visible
- Be respectful
- Provide documents when asked
- Politely decline field sobriety tests
- If arrested, request an attorney immediately
The holiday season is not the time to navigate a DUI investigation on your own.
Arrested During Holiday DUI Season? Simmons & Wagner Can Help.
A holiday DUI arrest doesn’t have to define your future. Many cases involve questionable traffic stops, improper testing, or unconstitutional checkpoints. At Simmons & Wagner, we know the pressure law enforcement faces during these months—and how often innocent drivers are caught in the sweep.
If you or someone you love is facing a holiday DUI, contact Simmons & Wagner today. We’ll protect your rights, challenge weak evidence, and fight to secure the best possible outcome.