While it ‘tis the season to be jolly, it certainly is not the season to face criminal charges. Before you begin your holly jolly festivities and drink too much mulled wine, it’s crucial to consider the elevated crime rate in December and what you can do to avoid getting yourself into a precarious legal situation.
To help provide insight into how to not get arrested this holiday season, I interviewed Rhode Island criminal defense attorney Stefanie A. Murphy, who specializes in DUIs, about a few possible situations you may find yourself in this holiday season:
Something About Orange: What should you do if you find yourself at a DUI checkpoint?
Stefanie Murphy: There are no DUI checkpoints in Rhode Island but Rhode Island [and other states] does receive special federal funding that funds officers to work extra shifts were the officers specifically look for drunk drivers. These shifts are normally during the holidays and weekends.
During these shifts, officers are out specifically looking for erratic drivers. You can expect to see many more patrol cars out on the streets, especially in areas where there is a nightlife scene. These details can be with the state police and local police departments.
How should club goers and bar patrons alike avoid getting arrested for public intoxication?
Typically in Rhode Island, this arrest is made alongside another charge. Such as open container, disorderly conduct or assault. My advice is if you are intoxicated in public, don’t commit another crime.
What kind of behavior can actually get you arrested for public intoxication?
Typically behavior normally includes you committing another crime. Such as getting in verbal altercation where you could get charged with disorderly conduct. Or participating in a fight where the charge would be assault and battery. By hiring an experienced attorney, if you have no other record, a public intoxication charge can get dismissed after community service or after a one year filing period.
What is the “drunk tank” like?
In Rhode Island, each station has their own jail cells where individuals who are charged with drunk driving will remain until they get released. If a person is very intoxicated and officers think they may be a health issue, then they can transfer you to a hospital where you would sober up.
Is the police presence typically increased over the holidays?
There will be more police over holidays and especially on big party nights. There will be the normal amount of officers, but many officers who are working a special shift.
What happens if you commit other crimes while drunk (vandalism, larceny, assault)? Are the charges less severe?
Being drunk does not negate the seriousness of a charge.
With heightened police activity and surveillance around nightlife areas, take the advice of an experienced criminal lawyer: play it safe this holiday season.
Always have a plan to get home, whether a designated sober driver, Uber, Lyft, or taxi; a DUI charge is not only expensive and can be life-altering, it is a preventable crime. If you find yourself a little too merry from spiked eggnog, keep to yourself and avoid engaging in any rowdy or criminal behavior!