Posted on Friday, November 1st, 2024 at 9:00 am
Thanksgiving is a time of grand celebration. For many, that means heightened alcohol consumption. Unfortunately, some people take it too far and get pulled over for an OVI on Thanksgiving. A Thanksgiving DUI is no joke, and a DUI conviction can have a lasting impact on your finances and professional life. It’s essential that you understand the risks of drunk driving over the Thanksgiving holiday and the consequences of getting a DUI.
Thanksgiving DUI Statistics
Fall is already a relatively high month for DUI fatalities, or OVI fatalities as Ohio calls them, and Thanksgiving is no exception. According to a study using National Highway Traffic Safety Administration data, Thanksgiving day has up to a 56 percent higher DUI fatality risk compared to average days. Nearly 31 percent of all crashes on Thanksgiving Day result from impaired driving.
Thanksgiving has a higher DUI fatality rate than the day before, sometimes called Blackout Wednesday, and the day after. Compared to other states, Ohio’s Thanksgiving OVI fatality rate is in the middle of the pack. Still, it’s significantly higher than those lowest in the rankings.
Reasons People Get Thanksgiving DUIs
Cincinnati police increase the number of sobriety checkpoints and OVI saturation patrols during nights when they expect heavy drinking. Below are some of the most common reasons drivers get pulled over for OVIs.
Unsafe Lane Shifts
One of the most common signs of drunk driving is erratically shifting lanes. Drunk drivers may hover over the white line or stay too far to one side when trying to pass. Changing lanes is one of the most common reasons cops pull people over in the first place.
Following Too Closely
Following too closely is another common sign of inebriated driving. Drunk drivers have difficulty judging distances and speed, so they misjudge how fast they move and how close they are to other cars. Reaction time is also reduced, so they cannot slow their car down in time when the driver in front of them slows down, which can cause rear-end accidents.
Ignoring Traffic Signals
Another common sign of drunk driving is ignoring traffic signals, such as traffic lights, stop signs, yield signs, or road construction signs. If you get pulled over for ignoring a traffic signal, you can get a traffic citation in addition to an OVI charge.
Driving Under the Speed Limit
Contrary to what many think, speeding is often a sign of sobriety rather than drunkenness, as speeding requires heightened reaction time and decision-making, both of which alcohol inhibits. Instead, police look for people driving significantly below the speed limit, which indicates a depressed mood and slows reaction times.
Slurred Speech
If you get pulled over, the police will likely ask you questions about what you did that night. If your speech is slurred, they may consider that as probable cause and ask you to perform a breathalyzer or field sobriety test.
Getting an OVI on Thanksgiving: What to Do
If the cops pull you over for an OVI on Thanksgiving, the natural reaction is to panic, but do your best to remain calm. Cincinnati police record all OVI stops, and they will look for any sign of agitation or panic as evidence of drunkenness.
Instead, provide them with the requested identification but politely decline to answer any questions not related to identification materials. Ohio also has an implied consent law, meaning refusing a breathalyzer and field sobriety tests could carry additional legal risk.
Above all, stay polite and courteous. Respond politely to law enforcement requests, and don’t raise your voice. You don’t want your conduct during the stop to reflect negatively on you in a potential trial.
Finally, as soon as possible, contact a Cincinnati OVI attorney. They can help you build a defense to dismiss or reduce your charges. They may also be able to help reduce administrative and criminal penalties, such as license suspensions of prison sentences.
DUI Defense Strategies
The consequences of an OVI are far-reaching, and your defense attorney will fight to avoid the most severe penalties to the fullest extent possible. There are several routes your attorney could go to undermine the prosecution’s case and have the court dismiss your charges.
Improper Police Procedure
The law requires police to follow specific procedures when pulling over drivers and arresting them for OVI infractions. If they use excessive force or do not read you your rights, their misconduct could significantly weaken the prosecution’s case. Your attorney can review every moment of the initial traffic stop to identify police misconduct.
Inaccurate Test Results
Breathalyzer and field sobriety tests are often major pieces of evidence the prosecution uses in OVI cases. However, these tests are imperfect and can give inaccurate results. Breathalyzers can malfunction, and environmental factors can confound readings. Field sobriety tests require proper administration, and even if you are sober, balance issues or uneven ground can cause you to fail. Your attorney can argue that the results of the breathalyzer and field sobriety test are inaccurate and should not be evidence.
Unconstitutional Stop
Police must have a legally justifiable reason to pull cars over – they cannot do so on a whim or a hunch. If the police pull someone over for an unlawful reason, the defense may be able to suppress any evidence they gathered during that stop, including breathalyzer results and field sobriety tests.
Contact an OVI Attorney Serving Cincinnati and Hamilton County
An OVI can cast a shadow over much more than your Thanksgiving holiday weekend. If you have been arrested for an OVI, it’s imperative you act quickly. Contact the attorneys at Moermond & Mulligan, LLC to learn how we can help. We have over 50 years of combined experience working with OVI cases and have the knowledge and resources to defend you in court effectively. We dedicated ourselves to justice and protecting our clients’ rights and liberties.
Contact us online or call (513) 421-9790 for a free case consultation with a Cincinnati OVI defense lawyer.