Halloween weekend is one of the most exciting times of the year for adults. A weekend full of costume parties, themed cocktails, and spooky celebrations fills the calendar, but it’s also one of the most dangerous weekends for drunk driving accidents and DWI charges across Texas. At The Carlson Law Firm, we want you to enjoy Halloween safely while staying informed about the serious legal and financial consequences of driving under the influence.
1. Plan Before You Party
If your plans include alcohol, make your transportation arrangements early.
- Designate a sober driver who will commit to staying alcohol-free.
- Use rideshare options like Uber or Lyft, or schedule a taxi ahead of time.
- Stay overnight if you’re celebrating somewhere far from home.
A few minutes of planning can save you from life-changing consequences such as a DWI arrest, fines, or even an accident that causes serious injury.
2. Protect Yourself and Your Drink
Crowded Halloween parties can come with safety risks beyond drunk driving. Stay alert and protect yourself from potential harm:
- Keep your drink with you and watch it being made.
- Don’t accept open drinks or punch from strangers or shared containers.
- Stick with trusted friends and look out for one another.
If you ever feel unusually disoriented or unwell after a drink, seek help immediately. Staying aware of your level of impairment before getting behind the wheel is key to keeping yourself and others safe.
3. Know What Legally Counts as Impaired Driving
Under Texas Penal Code § 49.04, a driver can be charged with Driving While Intoxicated (DWI) if their blood alcohol concentration (BAC) is 0.08% or higher. However, law enforcement can still arrest you even below that limit if your physical or mental faculties are impaired.
Alcohol affects everyone differently: age, weight, and food intake can all impact your BAC. Even “just a few drinks” can slow your reaction time and impair your judgment, putting you and others at risk.
4. Understand Your Rights During a DWI Stop
If you’re pulled over this Halloween weekend:
- Stay calm and polite. Hand over your license, registration, and proof of insurance when asked.
- Exercise your right to remain silent. You don’t have to answer questions about your drinking or where you’ve been.
- Know that you can refuse field sobriety tests.
- Know that you can refuse breathalyzer tests. It is important to note that refusal to take a requested breathalyzer test will trigger an automatic driver’s license suspension under Texas’s implied consent law and Texas Transportation Code § 724.015. However, even if you take the breathalyzer, your license could be automatically suspended depending on the results.
If you are arrested, contact a DWI lawyer immediately. In Texas, a first-time DWI offense with a BAC of .15 or higher carries significantly harsher penalties than one with a lower BAC level.
If convicted, you could face a maximum fine of up to $4,000, a jail sentence with a mandatory minimum of 30 days in jail, with the possibility of up to 1 year, or a driver’s license suspension for a period ranging from 180 days to 2 years.
Enjoy Halloween Responsibly and Protect Your Future
Halloween should be memorable for the right reasons, not because of an arrest or accident. By planning ahead and making smart choices, you can celebrate safely and avoid the legal consequences of impaired driving.
If you or someone you know is facing DWI charges in Bell, Coryell, Lampasas or McLennan County, contact a DWI lawyer at The Carlson Law Firm. You deserve a legal team that genuinely cares about you and your case. Our dedicated attorneys and legal staff will treat you with the respect you deserve and provide the focused, compassionate representation you need.
Call us at 800-359-5690 or visit www.carlsonattorneys.com for a free consultation.
