A DUI and alcohol-fueled holiday parties often go hand-in-hand.   We’ve made a lot of progress in the past few decades in educating people to take a cab, have a designated driver or call an Uber anytime they’ve been drinking.  But, people still make poor decisions if they’ve been drinking.  Combine that with increased police patrols during the holiday season and the chances you may be stopped rise.

What should you do if you are pulled over for suspected Driving Under the Influence (DUI) or Operating While Intoxicated (OWI)? Hopefully there will be a part of your mind that is not so inebriated it remembers what your mother told you.  Make sure to stop immediately for the officer.  Then keep your hands in plain sight. Mind your manners.  It goes a long way toward making a bad situation a little better.

DUI: To blow or not to blow?

If an officer suspects you’ve had a little too much bubbly or a few too many cocktails, he or she may ask you to submit to a breathalyzer.  Whether to go ahead and blow is hotly debated in the general public.  Here are two major things to consider about breathalyzers:

1. If you refuse it, your license is automatically suspended for a year (longer if this isn’t your first OWI).
2. There is a new law in Indiana that lets people get Specialized Driving Privileges to drive to work and back, even if their license is suspended for life.  But while the courts encourage these, you are not eligible if you refused a breathalyzer.

If you refuse a breathalyzer, police officers routinely get a search warrant to do a blood draw.  That will check just how much alcohol you’ve had to drink, so they’re going to get you anyway.

Bottom line: Take the breathalyzer test and then take steps to deal with the consequences.  It is a serious charge, but you can manage the results with the help of a good lawyer.   Blow and then call an attorney who handles these types of cases.  They can walk you through the possible penalties, what to expect in the court system and the best ways to move forward.

Allan W. Reid handles cases ranging from major felonies to misdemeanors, including DUIs, OWIs, Driving While Suspended and Expungements. Reid is a former Master Commissioner in the criminal courts of Marion County. He can be reached and hired by calling 317-732-1500.