TACDL
National Association of Criminal Defense Lawyers
Tennessee Bar Association
National College of DUI Defense
iapp
DUI Defense Lawyers Association

Don't Drink and Drive This Halloween

October 23, 2014

The Knoxville Police Department knows that on Halloween there will be children on our street and drunk drivers behind the wheel. Officers will be out in full force Halloween Day to deter drunk driving and hopefully prevent pedestrian accidents. During their efforts to protect trick-or-treaters from dangerous drivers, they will be searching for signs of intoxication. If you swerve, speed, run through a traffic light or behave erratically, there is a good chance that you will be pulled over and questioned.

If you are out and about this Halloween, is it important to remember that there will be police enforcement everywhere. You can expect saturation patrols in busy areas near bars and restaurants and even sobriety checkpoints near busy intersections. Therefore, it is in your best interest to call a cab or use a designated driver if you’ve been drinking. This is good advice every day of the year, but it especially important to follow on holidays like Halloween, Fourth of July, Labor Day and New Year’s Eve. This is when \ most drunk-driving accidents occur and when police officers typically make the most arrests.

If you are pulled over this Halloween, remember that you have the right to remain silent. You do not have to answer any questions about whether or not you’ve been drinking, and you can even refuse to take field sobriety tests. While you are required by law to take a blood alcohol content test at the station, you have the right to refuse the field breath test. However, refusing to participate in testing may encourage the officer to arrest you.

If you are apprehended on suspicion of drunk driving, remember that you have rights. You retain your right to not incriminate yourself, and you do not have to answer any questions without an attorney present. In fact, it would be in your best interest not to say anything after requesting to speak with your Knoxville DUI defense attorney.

Even if you know that you were not above the legal limit at the time of your arrest, it is still important that you seek out legal guidance. There are harsh penalties for impaired driving in Tennessee and the authorities will stop at nothing to ensure that drunk drivers are punished to the full extent of the law. Have a safe and Happy Halloween!