Cinco de Mayo is a time to celebrate culture, community, and history—but it’s also become one of the biggest days of the year for alcohol-related arrests, especially DUIs. Across Tennessee, law enforcement agencies increase patrols, set up sobriety checkpoints, and stay on high alert for impaired drivers.
At Barnes & Fersten, we want you to enjoy Cinco de Mayo safely while avoiding the serious legal consequences that can come with a DUI charge. Understanding the risks, planning ahead, and knowing your rights can make all the difference between a night of celebration and a night in custody.
A Brief History of Cinco de Mayo
Many people celebrate Cinco de Mayo without knowing the true meaning behind the holiday. Contrary to popular belief, it is not Mexico’s Independence Day. Instead, Cinco de Mayo commemorates the Mexican Army’s victory over French forces at the Battle of Puebla on May 5, 1862.
While Cinco de Mayo is a relatively minor holiday in Mexico, it has grown into a major cultural celebration in the United States. Over time, the holiday became closely associated with festive gatherings, food, and—thanks to heavy marketing by alcohol brands—drinking. Today, it’s one of the busiest days of the year for bars, restaurants, and unfortunately, DUI arrests.
As the celebrations ramp up, it’s important to remember that good times can quickly turn into serious legal trouble if you choose to drink and drive.
Cinco de Mayo DUI Risks: What to Expect
Cinco de Mayo celebrations often lead to an increase in alcohol consumption—and with that, a spike in DUI arrests across Tennessee. Law enforcement agencies throughout Knoxville and surrounding areas routinely schedule additional patrols and sobriety checkpoints during major holidays like this one, aiming to catch impaired drivers before they cause harm.
If you plan to celebrate, it’s important to know that DUI checkpoints are legal in Tennessee, but they must follow specific guidelines to protect your constitutional rights. Officers are required to publicly announce checkpoint locations in advance and must conduct stops in a neutral, non-discriminatory manner.
What happens at a DUI checkpoint in Tennessee?
When you approach a checkpoint, officers may briefly stop your vehicle to check for signs of impairment. If they detect alcohol on your breath, slurred speech, or other indicators, they may ask you to perform field sobriety tests or take a breathalyzer. Knowing how to behave at a checkpoint can make a critical difference in protecting your rights. Stay calm, remain polite, and avoid volunteering unnecessary information.
Common Myths About DUIs During Cinco de Mayo
Even with the best intentions, many people celebrating Cinco de Mayo make mistakes that can still lead to DUI charges. However, our criminal defense attorneys are available to help if you are charged with DUI or another criminal charge celebrating on Cinco. Before you head out for your celebration, make sure you know the facts behind these common DUI misconceptions:
Myth: “If I realize I’ve had too much to drink, I’ll just sleep it off in my car and avoid a DUI.”
Reality: Under Tennessee law, you can still be charged with DUI if you are found in “physical control” of a vehicle while intoxicated—even if the car isn’t moving. Simply sitting in the driver’s seat with the keys nearby could be enough for an officer to make an arrest.
Myth: “As long as I’m not the one driving, I can’t get charged with DUI.”
Reality: You can still face legal consequences if you knowingly allow an impaired person to drive your vehicle. Under Tennessee law, permitting a DUI can lead to criminal charges against the vehicle owner, especially if you knew—or should have known—the driver was intoxicated.
If you’re hosting or out with friends this Cinco de Mayo, make sure anyone you hand your keys to is truly sober. If in doubt, call a rideshare service or arrange a different ride home. Protecting yourself—and others—starts with good decisions before anyone gets behind the wheel.
Myth: “If I’m under the legal limit, I can’t be charged with DUI.”
Reality: While 0.08% is the legal threshold for a DUI in Tennessee, you can still be arrested even if your BAC is under that limit. DUI laws focus on whether your ability to drive is impaired—not just your blood alcohol level. If an officer believes you are driving unsafely, showing signs like slurred speech, poor coordination, or erratic behavior, you can still face charges.
Additionally, officers are trained to recognize impairment from substances other than alcohol, such as marijuana, prescription medications, or other drugs. If they suspect another substance is affecting your ability to drive safely, you could be arrested for DUI regardless of your BAC.
Understanding how Tennessee handles DUI charges—even in situations where you might not expect it—can help you make smarter, safer decisions this Cinco de Mayo. If you have any doubts about whether you’re safe to drive, it’s always better to play it safe and find another way home.
Understanding the Severity of DUI Penalties in Tennessee
DUI charges in Tennessee carries serious consequences, with penalties escalating for repeat offenders. To emphasize the importance of responsible alcohol consumption, it is crucial to stay informed of the consequences associated with DUI convictions in Tennessee:
First Offense DUI Penalties
- Class A misdemeanor
- Jail time: minimum of 48 hours up to 364 days in county jail, with the remainder served on probation
- Fines ranging from $350 to $1,500
- Mandatory attendance at DUI school and/or Mothers Against Drunk Driving Victim Impact Panel
- License revocation for one year
Second Offense DUI Penalties
- Class A misdemeanor
- Minimum jail sentence of 45 days, up to 364 days
- Fines ranging from $600 to $3,500
- License revocation for 2 years
- The State of Tennessee may seize your vehicle
Third Offense DUI Penalties
- Class A misdemeanor
- Jail time between 120 to 364 days
- Fines ranging from $1,100 to $10,000
- License revocation for 6 years
- The State of Tennessee may seize your vehicle
Fourth Offense DUI Penalties
- Class E Felony
- Punishable by 1-2 years on probation
- Jail time between 120 to 364 days
- License revocation for 8 years
- The State of Tennessee may seize your vehicle
Enhanced Penalties for High BAC Levels
Under Tennessee’s updated 2024 DUI law, enhanced penalties now apply if your blood alcohol content is 0.15% or higher at the time of arrest. This is a significant change from prior law and means that drivers with BACs at or above 0.15% face stricter sentencing requirements—including longer mandatory minimum jail time and tougher probation terms.
Tips for Celebrating Cinco de Mayo Responsibly
Cinco de Mayo is a time for festive gatherings, but it’s important to do so safely. A little planning can go a long way toward making sure your night is memorable for all the right reasons:
- Designate a Sober Driver:
Before the festivities begin, choose someone in your group to stay alcohol-free and handle transportation. A designated driver is one of the easiest and most effective ways to prevent impaired driving. - Use Rideshare or Taxi Services:
Services like Uber, Lyft, and local taxi companies offer convenient and safe alternatives to getting behind the wheel after drinking. Make sure you have these apps downloaded and ready to go before you head out. - Pace Yourself and Know Your Limits:
Enjoy your favorite margaritas and cervezas—but do it responsibly. Keep track of how much alcohol you consume, and allow plenty of time between drinks. Remember, it takes time for alcohol to leave your system, and “feeling fine” doesn’t always mean you’re legally sober. - Host a Safe Party:
If you’re hosting friends and family, help keep everyone safe by offering non-alcoholic drink options, serving plenty of food to slow alcohol absorption, and encouraging guests to stay overnight or arrange safe rides home. - Make a Plan Before You Celebrate:
Deciding how you’ll get home should be part of your celebration plan, not a last-minute scramble. Planning ahead reduces your risk of making poor decisions later in the evening.
Arrested for Drunk Driving in Tennessee? Contact Barnes & Fersten Today!
Despite your best intentions, you may still find yourself facing DUI charges after a Cinco de Mayo celebration. If that’s the case, you need an experienced & dedicated legal team on your side. Contact Barnes & Fersten today at 865-805-5703 or through our website to schedule a consultation and discuss your legal options. Don’t let a DUI charge overshadow your Cinco de Mayo celebrations–let our DUI attorneys guide you through the legal process and help you protect your rights and future.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
