Common Defenses to Domestic Violence Charges
November 16, 2024
Posted by: Jacob E. Martinez
Category: Uncategorized
The holidays are upon us already, and even though your stomach may still be recovering from the Thanksgiving feast, Christmas and New Years are just around the corner – not to mention another month (or, hopefully, two!) of tailgating at Broncos games.
But you should be worried about a lot more than putting on a few extra pounds this holiday season. According to this eye-opening infographic, there’s a 33% jump in DUI offenses between Blackout Wednesday and January 2nd. If you asked most people, they would probably tell you that of course there’s more drinking over the holidays. After all, we have parties with friends and family members, office get-togethers, and just generally more downtime for people to kick back with a few cold ones. But an increase of a third is something that should make you sit up and pay attention.
Even if you drink a little more than usual over the holidays, you probably don’t think that you could be charged with drunk driving – but neither does anyone else. If you really want to be safe, follow these tips.Click To TweetDon’t drink. This one may seem obvious, but that doesn’t make it easy. There is an expectation that when we hang out with friends or go to parties we are going to have a few beers or a couple of glasses of wine. But if you drive, the safest way to ensure you aren’t charged with driving under the influence is to say ‘no thanks’ whenever someone offers you a drink.
If you feel weird about it, tell them that you promised your significant other or that you’re coming down with a cold and don’t want to make it worse. You don’t want to spend your holidays in a jail cell because you found it too hard to say no to friends or coworkers.
Keep eating. Food will not keep you from getting drunk, but it can help. When you drink on a full stomach, the food acts as a barrier to help slow down the rate at which your body absorbs alcohol. This means that, instead of absorbing everything you drink all at once, it will happen over a longer period of time. So you’re less likely to experience a “spike” where you truly become intoxicated.
Of course, absorption rates are different for everyone, so there’s no hard and fast rule that says you can drink a certain amount with food and still be safe – which brings us to the next item on the list:
Plan ahead. Part of planning ahead means thinking about how you’re getting home or where you’ll be staying if you drink too much to get behind the wheel. Maybe this is finding a designated driver, calling a cab, or making sure a friend is willing to pick you up. Or it could be bringing a pillow with you to sleep on a buddy’s couch or booking a room for the night at a hotel you can walk to.
But planning ahead can also mean thinking about how much time it takes for you to sober up and how much you can drink. The standard rule of thumb is that you’re okay to drive if you have one drink per hour, but this isn’t true in every situation. If you’re going to be driving, you should always give yourself more time and drink less than you think you can get away with.
Call a DUI lawyer. If you do get pulled over and charged with a DUI, don’t assume that all is lost just because you tested over the limit. Smart DUI attorneys understand that breath tests aren’t foolproof and mistakes are made a fair amount of the time.
By getting a professional with a proven track record on your case as soon as possible, you can ensure that every avenue is explored to get the charges reduced or dropped altogether and give yourself the best chance at receiving a positive outcome.
About The Author
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been designated a Top 100 Trial Lawyer by the National Trial Lawyers and has been awarded both the Avvo Client’s Choice Award and Avvo Top Attorney designation, evidencing his reputation for his exemplary criminal and DUI defense work and high moral standards.
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