Fort Lauderdale Criminal Defense & Personal Injury Attorneys
Avoiding DUI on Thanksgiving

Avoiding DUI on Thanksgiving

The deadliest weekend of the year in the United States is not New Year’s, Independence Day, or any other holiday known for wild partying and excessive drinking. The deadliest holiday of the year is actually Thanksgiving. According to statistics, over 500 people will lose their lives while driving this Thanksgiving weekend.


The high crash statistics for Thanksgiving are the result of a few factors:

  • Driving at night
  • Unfamiliar roads
  • Drinking and driving
  • Large traffic volume
  • Driving long distances

Part of the reason for high fatality rates is due to higher volume in traffic. According to AAA, 90% of Thanksgiving travelers will travel by car to their destinations—even for long-distance locations. However, even taking that into account, Thanksgiving is by far the deadliest holiday for DUI crashes. So if the statistics aren’t in your favor, consider a few different ways you can avoid DUI a week from now.

Safest Measure—Don’t Get Behind the Wheel

The obvious tip: plan to stay the night wherever you are celebrating, or otherwise have a designated driver who will not drink at all. In either case, this takes the possibility of DUI entirely off the table. However, if you are driving alone to a home you will not be staying at, there are other ways to avoid DUI charges.

If you feel even slightly impaired, avoid driving until you can safely drive (and be honest with yourself here). In Florida, sleeping in your car will not be enough. According to Florida courts, your ability to potentially operate your vehicle, even if you are not currently doing so, is enough to be guilty of DUI. When it comes to these cases, the burden of proof is on you to prove that you were not driving drunk.

That means you will want to make it absolutely clear that if you were drinking, you had no intention of driving. This means even avoiding being in your car while intoxicated (unless someone else is driving). Conversely, it means that if you are driving, you want there to be no doubt that you are fully able to drive. Police officers have two means by which to secure a DUI conviction: your blood alcohol level (or BAC, gathered from a breathalyzer) or their perception of your physical behavior.

Due to per se laws in Florida, even if you are 100% capable of driving, you are guilty of DUI if your BAC is above .08. There is no way to avoid taking a breathalyzer test in Florida, either. This is due to the legal principle of “implied consent,” dictating that you automatically consent to blood, urine, or breath tests when an officer has “probable cause” to believe that you are intoxicated.

Now, breathalyzer tests can be challenged. However, in the moment, if an officer has probable cause to demand a breath test, you must comply. The only way to avoid this is avoid giving probable cause. Limit your drinking. Stay the night. Call a taxi or an Uber.

In the event that you are pulled over this Thanksgiving, our firm’s criminal defense attorneys have the skill and experience to help you challenge your charges in court. Rudenberg and Glasser, P.A. has extensive experience helping those charged with DUI protect their rights with the power of the law. Though you may have been arrested and subjected to a breath test, it is not the end of the story.

Contact our firm for a free consultation if you have questions about your case.

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Our Victories

  • Not Guilty, Acquitted at Trial Aggravated Battery with a Deadly Weapon

    Outcome: Client was alleged to have used his vehicle to strike victim, and there was video of the incident which could have been interpreted to actually show the crime. The state was offering significant prison time before trial. By meticulous planning and strategic cross-examination to expose the motives and fabrications by the alleged victim, and an eyewitness in support of the alleged victim, Rudenberg & Glasser convinced a jury to acquit the client and avoid a mandatory long prison sentence.

  • Domestic Violence
    Outcome: Rudenberg & Glasser went to trial and were able to show during cross-examination that the alleged victim was the aggressor and that the client acted in self-defense. The jury returned a not guilty verdict almost immediately following trial.
  • Domestic Violence With 911 Call and Pictures
    Outcome: Rudenberg & Glasser took the case to trial after fleshing out inconsistencies in the alleged victim's account. The jury returned a verdict of not guilty and the client's unblemished record was preserved.
  • False Arrest

    Outcome: Attorney Glasser was able to show with video footage that his client did not commit the alleged offense and furthermore, the police officer who ordered his arrest was negligent in his investigation and improperly supervised.

    Read more about this story on the Sun Sentinel.

  • Probation Only Federal Conspiracy to Commit Mail & Wire Fraud

    Outcome: Through compelling sentencing memorandum and passionate oral argument, Rudenberg & Glasser were able to convince the federal court judge to sentence their client to treatment for substance abuse, and no incarceration, even though the client had a lengthy criminal history and the Government was seeking prison time.

  • Felony DUI: Client was in an Accident and Left the Scene
    Outcome: Rudenberg & Glasser filed a compelling motion to suppress evidence based on law enforcement's actions during the investigation. Rudenberg & Glasser were able to persuade the prosecutor prior to the motion to suppress hearing that the charge should be broken down from a felony to a misdemeanor and the client was offered probation instead of the previously sought prison sentence.
  • Final Injunction Hearing
    Outcome: Client desperately needed to avoid a final injunction on his record. Rudenberg & Glasser defended him at the hearing and proved that the Petitioner was not in fear for her safety. The judge dismissed the injunction.
  • First-Degree Misdemeanor: Resisting Police Officer Without Violence
    Outcome: Mr. Rudenberg presented evidence that the police officer’s version of events was not credible, and that accusations were made to justify excessive use of force by police officer. Jury returned a verdict of not guilty in less than five minutes.
  • First-Degree Misdemeanors: DUI & Possession of Cannabis
    Outcome: Mr. Rudenberg won a motion arguing the DUI checkpoint was conducted in violation of the Fourth Amendment, and the Judge entered an order suppressing all evidence. Case was dropped by the State, and client avoided a mandatory conviction for DUI, as well as mandatory fines and license suspensions.
  • $250,000 Pre-Trial Personal Injury

    Outcome: Client was injured by a malfunctioning door, requiring stitches and leaving a scar on client's knee. There were limited medical bills and no surgeries, but through extremely challenging and successful negotiations, Rudenberg & Glasser were able to secure a settlement of $250,000.

What Our Clients Are Saying

We go above and beyond to be there for clients to provide them with the best outcome possible.
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    Greg

  • “They will give you honest, truthful, realistic counsel and they will fight hard for you; as they did for me.”

    Donovan

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  • “The amount of respect and empathy Attorney Rudenberg has for his clients can not be described in words.”

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  • “I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”

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  • “If you live a lifetime, you will never meet a more sincere, heartfelt, loving, caring person than Mike Glasser.”

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  • “Worked with me through every step of the case and got my name cleared!”

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  • “Proved to be the best legal team there is! They not only helped me avoid jail time, but got my probation terminated the same day!”

    Dallas B.

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    A. T.

  • “I don’t usually post reviews but I had to make an exception in this case. Mike and everyone at the office were beyond helpful. Went to court twice once to find out my charges the last to find out everything was dropped. I couldn’t have asked for a more pro”

    G.P.

  • “If I would need your service in the future I will definitely reach out to you again no matter the distance.”

    A.M.

  • “Great results, compassionate service, and extremely professional.”

    C.C.