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Top 5 Holiday DUI Tips

The holiday season is a time for celebrating and for spending time with family. And where there are celebrations, libations are sure to follow. But all that holiday drinking doesn't need to lead to drinking and driving charges.

Here are some general legal tips and holiday-specific advice for avoiding DUIs this holiday season, from our archives:

When you're being read your rights and advised of the law, you want that information to be accurate; especially if English isn't your native tongue and you're relying on a translation of your rights. But a Massachusetts woman is claiming that a local police department "has for years used an erroneous and unlawfully coercive Spanish-language advice of rights form in connection with arrests and prosecutions of Spanish-speaking Hispanic individuals" for DUI-related offenses.

And this is two years after the local district attorney admitted the form was a problem and would be working with the police department to "rectify it." Now the woman is suing the city, the police department, and the district attorney in federal court.

When we normally think of drunk driving arrests, we get images of cars swerving on the highway, DUI checkpoints, or, worse, accidents. These are all instances out on the public's highways and byways where we expect police to be patrolling and where the danger to other drivers can be serious.

Some of us think that if you can make it home before getting pulled over, you can avoid a DUI. Or that you can't be charged with drunk driving if you never left your own property. But that might not be the case. The Michigan Supreme Court ruled this week that prosecutors can proceed with DUI charges against a man found intoxicated behind the wheel in his own driveway.

We all know our mobile devices can affect our attention spans, but what about our sobriety? Well, a new law in Washington State plans to treat cell phones as an intoxicating substance, banning the use of any electronic device while driving, even if you're stopped at a traffic light.

Referred to as a DUI-E, offenders can be nailed with a $136 fine for a first offense, and $234 for any subsequent offenses within five years. Here's a look at the latest effort to crack down on distracted driving.

Tiger Woods has unfortunately found himself in the spotlight again due to poor choices behind the wheel. Tiger was arrested for allegedly being under the influence of prescription drugs while sleeping behind the wheel.

When the officer woke Tiger up, who was behind the wheel of his Mercedes, he was stopped in the right lane, with his car running, and had flat tires and other damages. The officer alleges that Tiger did not know where he was, and then failed to perform a series of field sobriety tests. However, the breathalyzer results showed no alcohol in his system.

While some might be sad to hear about Tiger's arrest, there are some valuable lessons that can be learned.

In a bid to make Utah more like Europe, lawmakers in the state have passed two changes to the state's alcohol laws. One eases the "Zion Curtain" restriction and the other lowers the blood-alcohol content (BAC) requirement for being convicted for a DUI from 0.08 percent to 0.05 percent.

The pair of new laws are expected to be signed into law by Utah's Governor, Gary Herbert, who has stated his support. However, the new BAC level has created some controversy, as it will be the lowest in the country. Given Utah's current regulation of alcohol, along with their history of being strict on alcohol, it is not surprising to see the state take this step.

Hopefully Angela Daywalt, of Waynesboro, Franklin County, Pennsylvania, has a World's Best Mom coffee mug at home, because she is unlikely to win the actual award any time soon. Daywalt was arrested and charged with DUI, endangering the welfare of a child, and assorted traffic and summary violations after she fled the scene of a drunk driving accident, allegedly after asking her 8-year-old daughter to blow into a breathalyzer device in her car.

And this all happened at 11 p.m. -- way after the little girl's bedtime.

If you've been pulled over by police, you're probably already pretty worried. And if officers suspect you've been drinking and driving and ask you to perform some roadside sobriety tests, that anxiety can skyrocket. Whether you're sober and want to prove it to the police or if you've been drinking and are trying to convince them you're OK to drive, you'll want to be on your best behavior while performing the sobriety tests.

While the officers on the scene will give you instructions on what to do and how to perform the tests, we can give you a few tips on what not to do during roadside sobriety tests:

Maybe you're not tired, so you can stay up and drink more. Or it could be that you feel clear-headed, and don't think you're drunk. Or perhaps with more energy comes more risk-taking behavior. Either way, scientists have linked the consumption of highly caffeinated energy drinks (EDs) with higher incidents of drunk driving.

So at this point, the why of the matter might not be as important as how to avoid a DUI associated with energy drinks. Because it turns out that just drinking more energy drinks, even without alcohol, can increase your risk of a DUI.

Drunk driving charges all start somewhere, and it's usually the time the police officer pulls you over. There's the conversation, maybe some questions about your alcohol consumption, and a few roadside tests before a possible arrest and DUI charge.

But let's back up -- cops can't pull you over for no reason, right? And if officers had no reasonable suspicion to stop you, that could mean that everything that happens after you're pulled over is inadmissible in court. So here's a look at DUI traffic stops, and how they affect your case.