New Year’s Eve celebrations are often festive and buoyant, as people spend time with friends and family. The festivities are also often marked by good food and plenty of alcohol to keep the party going. They also mean that sometimes people get behind the wheel to drive home after imbibing. Rubin, Glickman, Steinberg & Gifford, P.C. is a top Pennsylvania DUI lawyer with a comprehensive background in helping people to beat unjust DUI cases.
Staying safe is the most important thing to remember when it comes to engaging in New Year’s Eve celebrations. There are a few things that you can do to both get home in one piece and avoid getting charged with a DUI.
Tips to Avoid Getting Charged with a DUI on New Year’s Eve
After celebrating New Year’s Eve with a few drinks, you might be tempted to get behind the wheel and head home. However, doing so can land you in legal hot water. Even if you don’t drink and drive, the mood of the evening may result in a charge even if you did nothing wrong. Consider a few tips to avoid getting charged with a DUI on New Year’s Eve.
Don’t Drink and Drive
The best way to avoid getting charged with a DUI on New Year’s Eve is to avoid drinking and driving altogether. Designate a driver, take a cab or Uber, or walk among destinations (if possible).
Avoid DUI Checkpoints
As you are heading home from your New Year’s Eve fun, avoid DUI checkpoints. It is not unlawful in Pennsylvania to make a U-turn or take an alternative route. While law enforcement is only supposed to use predetermined guidelines to stop motorists driving through them, they may be more aggressive because of the nature of the holiday.
Avoiding these checkpoints will also avoid any miscommunication or erroneous perceptions that can result in a DUI charge even if you are not intoxicated.
What to Do If You Are Stopped on Suspicion of a DUI
If you do get stopped on suspicion of a DUI, the less you say, the better. The more information you volunteer, the more likely it is that you will incriminate yourself. Provide only the information necessary during the checkpoint or traffic stop (name, driver’s license, registration and proof of insurance). Open your car window just enough to clearly speak with the police officer and provide the necessary information.
If the officer insists upon asking more questions, politely decline until you have had a chance to speak with a Pennsylvania DUI lawyer. Politely decline the field sobriety test and any breathalyzer tests they request you take. The less evidence you provide, the easier it is to beat DUI charges in court.
Note that if you are ultimately arrested on suspicion of DUI, refusal to submit to breathalyzer testing will result in the suspension of your driving privileges for one year. Moreover, if you are ultimately convicted of a DUI after refusing a breathalyzer, you may be sentenced as if your blood alcohol content is in the highest intoxication range. Contact our DUI attorneys in Pennsylvania if you need legal representation.
Frequently Asked Questions About DUI Checkpoints on New Year’s Eve in Pennsylvania
Is it legal to make a U-turn or avoid a DUI checkpoint in Pennsylvania?
Yes. Pennsylvania courts have held that drivers may legally turn around, change lanes, or take an alternate route to avoid a DUI checkpoint as long as the maneuver itself is lawful. Police cannot pull you over simply because you avoided a checkpoint, but committing an actual traffic violation while doing so, like an illegal U-turn, can give an officer a valid reason to stop you.
What happens if I refuse a breathalyzer test at a Pennsylvania DUI checkpoint?
Refusing a breath or blood test under Pennsylvania’s implied consent law triggers an automatic 12-month license suspension, even if you are never convicted of DUI. If you are later convicted, the refusal also exposes you to the penalties for the “highest rate” DUI tier, regardless of what your actual blood alcohol content would have been.
Am I required to answer questions or take a field sobriety test at a checkpoint?
You must provide basic identifying information, such as your name, driver’s license, registration, and proof of insurance. You are not required to answer additional questions about where you have been or how much you have had to drink, and you can decline field sobriety and breathalyzer tests. Politely declining extra questions and testing limits the evidence an officer can use against you.
Can I still be charged with a DUI on New Year’s Eve if I only had one or two drinks?
Yes. DUI charges are based on impairment and blood alcohol content, not simply on how many drinks you had. Because New Year’s Eve checkpoints tend to be busier and officers more vigilant, even drivers who are not impaired can face extra scrutiny. That is one reason it is wise to arrange a designated driver, rideshare, or other safe transportation instead of driving after drinking at all.
What should I do first if I am charged with a DUI after New Year’s Eve?
Avoid discussing the details of your stop or arrest with anyone other than your attorney, and contact a Pennsylvania DUI lawyer as soon as possible. An attorney can review how the stop and any testing were conducted and advise you on the options available in your specific case.
Consult with a Reputable Pennsylvania DUI Lawyer
If you were stopped and charged with a DUI after celebrating on New Year’s Eve, reaching out to a reputable Pennsylvania DUI lawyer is of paramount importance. Rubin, Glickman, Steinberg & Gifford, P.C. employs a team of talented legal professionals who have extensive experience with Pennsylvania DUI law. We have successfully helped clients charged with a DUI after unlawful checkpoint stops to resolve their cases to their full satisfaction. We may be able to do the same for you.
Learn more through a free consultation. Call our Pennsylvania DUI attorneys today at (215) 822-7575 or reach out to us online for more information.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
September 22, 2026
