From traffic stops to delayed court dates, here’s how to get through it.
Key Takeaways:
- Holiday court closures and staff shortages can delay bail and hearings.
- Act quickly to request DMV hearings and secure legal representation.
- Installing an interlock device early can show initiative and responsibility.
The holidays are supposed to be a time of joy and celebration. But if you're charged with driving under the influence (DUI) during this season, it can quickly turn into a period of stress and uncertainty. What happens if you’re arrested on Christmas Eve? Will you spend the holidays in jail? How do court closures and staffing shortages affect your case?
These are real, time-sensitive issues for many individuals and their families. If you or a loved one is facing a DUI charge during the holidays, we want to help you understand the process so that you can act decisively and protect your future.
This informational blog is not to be used as legal advice. Always consult a qualified DUI attorney to assist with any drunk driving charge. If you have immediate questions about a DUI, call a DUI.org specialist at (877) 246-7808.
How the DUI Process Changes During the Holidays
Here are some changes to expect during the holiday season when it comes to drunk driving and legal processes:
Increased Checkpoints and Traffic Stops from Law Enforcement
During the holiday season, many states hold more DUI enforcement campaigns. For instance, Colorado deploys saturation patrols and sobriety checkpoints to reduce impaired driving. Law enforcement agencies know that holiday parties and long weekends can lead to a spike in drunk driving, and they respond with increased visibility and zero-tolerance enforcement.
You’re more likely to get stopped while driving during the holidays, even for minor violations, so the margin for error is much smaller.
Securing Bail after an Arrest
Getting arrested is stressful in any season, but during a holiday weekend, you may find yourself in jail longer than expected.
Court Closures Can Delay Bail Hearings
Many courts observe federal and local holidays, which can mean delays in scheduling bail hearings. For example, courts like the U.S. District Court for the District of Alaska publish specific court holiday closures that can directly impact how fast you can appear before a judge.
Holiday Staffing Can Slow Processing
Even when the courts remain open, skeleton staffing over the holidays can slow down fingerprinting, processing, or communication between agencies. According to All City Bail Bonds, jails and bond agents often experience delays over long weekends and holiday closures.
Holiday-Related Delays to Court Hearings
If you’re arrested around Thanksgiving, Christmas, or New Year’s, your initial appearance may be delayed by several days.
Federal Holidays Delay Court Appearances
Federal holidays can delay court calendars, which pushes back arraignments that would normally happen within 48 hours and slows down your chance to post bail or start building your defense.
Staffing Shortages as Judges, Prosecutors, and Public Defenders Take Vacation
Even when the courts are technically open, the holidays create shortages in courtroom staffing. Judges, prosecutors, and public defenders often take personal leave. You can expect slower response times from your public defender, difficulty scheduling court-ordered evaluations, and postponed court dates, all of which prolong your legal uncertainty.
Strategies for Navigating the Delays and Moving Past Your DUI Arrest
Early action helps you take control of the process and keep it moving.
Quickly Secure a DUI Defense Attorney
The single most important step after a holiday DUI arrest is to get legal representation immediately. A skilled attorney can advocate for expedited hearings, argue for reduced bail, and explain your rights. In some jurisdictions, 24/7 arraignment courts are available to handle after-hours cases. But you won’t benefit from these unless you act quickly and have a lawyer ready to step in.
Do Courts Offer Any Hearing Alternatives?
Many courts now offer alternative sentencing options, such as pre-trial diversion, deferred adjudication, or probation, especially for first-time offenders. These programs may include alcohol education, community service, or installation of an ignition interlock device (IID). If you qualify, these alternative sentencing options may reduce the penalties you face or even lead to dismissal of the charges. But the window to apply may be short.
Get an Interlock Installed Early
Demonstrate responsibility by voluntarily installing an IID before your court date. Some providers, such as Intoxalock®, allow you to install a device prior to sentencing, signaling to the court that you’re taking the charge seriously. It’s also one of the most persuasive steps you can take if you’re asking for the reinstatement of your driving privileges post-arrest. Some states even reduce IID requirement periods based on how long you voluntarily had the device installed before it became mandatory.
File a Request for Your Department of Motor Vehicles (DMV) Administrative Hearing Before the Deadline
In most states, you only have a short window (sometimes as little as 7 to 10 days) to request a hearing to challenge the automatic suspension of your license. Holidays don’t always pause this deadline, so don’t wait. Missing it can mean an automatic license suspension, even if your criminal case hasn’t gone to court yet.
Tip: Looking for information about your state's specific DUI laws? Check out our state-specific resource pages.
Frequently Asked Questions
How much is bail for a DUI?
Bail for a first-time DUI can range from $500 to $5,000, depending on the state, your prior offenses, and whether there were aggravating factors like injuries or property damage.
What holiday has the most DUIs?
New Year’s Eve and the Fourth of July consistently top the list for most DUI arrests, but DUI enforcement spikes during all major holidays.
How much is bail for a second DUI?
A second DUI typically leads to higher bail, often starting around $2,500 and potentially much more depending on local laws and circumstances.
Can you bail someone out of jail on a holiday?
Yes, but it may take longer. Some jurisdictions allow bail to be posted through 24/7 kiosks or third-party bail bondsmen, but court closures can still delay processing.
Do you have to post bail for a DUI?
Not always. Some individuals are released on their own recognizance (ROR), especially for first-time offenses. However, during holidays, even ROR decisions may be delayed.
Don’t Let Holiday Delays Impact Your Recovery from a DUI
If you or a loved one is dealing with a DUI over the holidays, the most important thing to know is that the court system can move more slowly at this time of year. Start by finding legal help immediately. Then, with your attorney, explore alternative sentencing options, promptly request a DMV hearing, and consider installing an ignition interlock in your vehicle voluntarily. Taking these proactive steps demonstrates accountability and protects your driving privileges.
It may also be helpful to understand the typical costs associated with a DUI. And if the DUI happened after a work or family event, here are resources to help you rebuild relationships and move forward:
- How to Tell Your Boss about Your Work Holiday Party DUI
- How Do I Help My Spouse Manage Their DUI over the Holidays
Being charged with a DUI over the holidays comes with added complications. Companies like Intoxalock, Breathe Easy, and Keepr help you stay accountable and take control through early interlock installations, insurance support, and personal breathalyzers. Don’t wait to start getting back on track today.
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