Black Friday Patrols: The Increased Focus on Impaired Driving 
As the holiday season kicks off, Black Friday becomes one of the busiest shopping days of the year. The streets are filled with drivers headed to shopping malls, holiday events, and more, making it a prime time for law enforcement to be on heightened alert. DUI patrols become more frequent during this period as officers aim to prevent impaired driving and keep the roads safe for everyone. Law enforcement agencies are well aware of the higher likelihood of impaired driving, especially in the evening hours. After spending a day in crowded stores or at events, many shoppers are in a hurry to get home or head to the next stop on their holiday list. In this rush, some may be tempted to drive after drinking. Whether it’s at a gathering, a celebration, or simply winding down after a long day, alcohol consumption can lead to impairment without the driver even realizing it. DUI Checkpoints and Increased Police Presence
DUI checkpoints and increased police presence are common on Black Friday. Police officers are positioned strategically at known high-traffic areas, and drivers may find themselves unexpectedly stopped. These stops often serve as preventative measures to ensure drivers aren’t under the influence, but the presence of police is not limited to these checkpoints.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Leftover Open Containers: A Major DUI Trigger
One of the more surprising triggers for a DUI stop during Black Friday is the presence of open containers of alcohol in your vehicle. While many people might assume that they need to be actively drinking for a DUI to be issued, that’s not the case. If officers see an open container in your vehicle, they have every right to pull you over. The mere presence of leftover alcohol from a tailgate or a holiday gathering can be enough to raise suspicion.- The Law on Open Containers Most states, including West Virginia, have laws that prohibit the consumption or possession of open containers of alcohol in vehicles. Even if you haven’t been drinking, a leftover bottle or can can lead to a DUI stop. Police officers can pull you over if they believe the vehicle is carrying open alcohol containers, whether you’re drinking or not.
- Tailgate Carry-Overs For many people, tailgating is a fun and social way to kick off the holiday weekend, especially with sports games and celebrations. But often, when it’s time to head home, people forget about the leftover drinks in their car. If you’re carrying an open bottle of beer, wine, or liquor that was consumed during the tailgate, it could be enough to trigger a stop. Even if the alcohol has been sitting untouched in your car for hours, the presence of an open container is still a legal concern.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
How DUI Stops Can Happen Even Without Impairment
It’s easy to think that you can avoid a DUI stop if you’re not drunk, but that’s not always the case. There are other factors that could draw the attention of law enforcement officers, even if you’re not intoxicated. Here’s how:- Erratic Driving or Minor Traffic Violations Whether it’s swerving slightly between lanes, accelerating too quickly, or making an illegal U-turn, police officers will be looking for any indication that something is off with your driving. These signs could suggest impairment, even if you’re just fatigued or rushing to your next destination.
- Suspicious Behavior When you’re pulled over, officers may look for signs of intoxication or impairment. If you’re stumbling out of your vehicle, unable to walk straight, or struggling to communicate clearly, these could be signs of alcohol or drug impairment—even if you haven’t been drinking recently. Any erratic or confused behavior will likely result in the officer administering a field sobriety test.
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- Visible Open Containers As mentioned earlier, any visible open containers can serve as grounds for a DUI stop. Law enforcement doesn’t need to see you actively drinking to initiate a stop; the mere fact that alcohol is present in your vehicle, even if you are sober, could give them cause to pull you over. It’s especially important during the busy Black Friday traffic days when officers are more focused on spotting any kind of suspicious behavior.
- Secure Any Leftover Alcohol If you’ve been tailgating or attending a holiday event, make sure to properly dispose of or seal any open containers before getting back into your vehicle. Don’t leave open bottles or cans in your car, even if you’re not planning on drinking. If you need to transport alcohol, make sure it’s in a sealed, unopened container.
- Designate a Driver Whether you’re out shopping or celebrating the holiday, it’s a good idea to have a designated driver if you plan to drink. If you’re heading to a party or a tailgate and drinking, make arrangements for a sober ride home. This not only keeps you safe but also prevents any unnecessary legal issues.
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- Avoid Distractions While Driving Focus on the road and avoid distractions, especially when traffic is heavy. Don’t use your phone or engage in any activities that take your attention away from driving. Staying focused helps you avoid mistakes that could lead to a DUI stop, such as swerving or failing to signal.
- Know Where DUI Checkpoints Are Many law enforcement agencies announce DUI checkpoints in advance, especially during busy holiday weekends like Black Friday. If you’re concerned about encountering a checkpoint, plan your route ahead of time or find alternative ways to get to your destination. If you’re stopped at a checkpoint, stay calm, provide your information, and follow the officer’s instructions.