Halloween Weekend in Galveston What to Expect if You’re Stopped for DWI

Halloween in Galveston is one of the most anticipated events of the year. The island comes alive with parties, parades, and an influx of visitors eager to celebrate the spooky season. While this is a time for fun and festivities, it is also a period when law enforcement steps up efforts to ensure the safety of the public, particularly by targeting driving while intoxicated (DWI) offenses. For those planning to enjoy the celebrations, it’s crucial to understand the legal risks of driving under the influence and what happens if you are stopped by the police. This guide will walk you through what to expect during Halloween weekend in Galveston if you are stopped for DWI.

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Increased DWI Enforcement during Halloween Weekend Halloween Weekend in Galveston What to Expect if You’re Stopped for DWI

Galveston is well-known for its lively Halloween weekend, attracting both locals and tourists who take part in the celebrations. Because of this, law enforcement ramps up patrols across the island. The Galveston Police Department, along with the Galveston County Sheriff’s Office, increase their presence on the roads to crack down on DWI offenses. Officers are more vigilant during this period, conducting random stops, sobriety checkpoints, and more targeted patrols in high-traffic areas. The goal is simple: to reduce the risk of accidents caused by impaired driving and keep everyone safe. In addition to the increased patrols, Galveston may also declare a “No Refusal Weekend” during Halloween. This means that if an individual refuses to submit to a breathalyzer or blood test after being stopped on suspicion of DWI, the police will be able to obtain a warrant for a blood draw. This is part of the ongoing efforts by local authorities to deter impaired driving, and it means there is an added layer of seriousness to DWI charges during this time.

What Happens During a DWI Stop in Galveston

When you are stopped for suspected DWI in Galveston, the police officer will first assess the situation. During this process, they will look for signs of impairment such as erratic driving, the smell of alcohol, or unusual behavior. If an officer has reasonable suspicion that you are intoxicated, they will likely ask you to step out of the vehicle for further evaluation. The officer may then ask you to take field sobriety tests, which are physical tests designed to assess your coordination and ability to perform simple tasks like walking in a straight line or balancing on one foot. These tests can be used by law enforcement as evidence of impairment, but it’s important to note that these tests are voluntary in Texas. While refusing these tests can result in arrest, it does not automatically mean that you are guilty of DWI. However, refusing the tests can make it harder for law enforcement to build a case against you.

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Breathalyzer and Blood Testing

If the officer has probable cause to believe that you are under the influence, they may ask you to submit to a breathalyzer or blood test. In Texas, refusing to take a breathalyzer test can lead to serious consequences. One of the most significant consequences is the automatic suspension of your driver’s license. However, during No Refusal Weekends, if you refuse a breathalyzer test, the officer may seek a warrant to have your blood drawn, which can be used as evidence of intoxication. Breathalyzers are commonly used to measure a person’s blood alcohol concentration (BAC). The legal limit for BAC in Texas is 0.08%. If your BAC is above this limit, you will likely face a DWI charge. However, it’s worth noting that even if your BAC is below the legal limit, you can still be arrested for DWI if the officer believes your ability to drive is impaired by alcohol or drugs.

What to Do During a DWI Stop

During a DWI stop, it’s important to stay calm and be respectful to the officer. Remember that you have certain rights that you should exercise during the stop. For example, you do not have to answer any questions that might incriminate you. While you are required to provide your driver’s license, registration, and proof of insurance, you are not obligated to answer questions about where you’ve been, how much you’ve had to drink, or whether you’ve taken any drugs. It’s also important to know that field sobriety tests are voluntary in Texas. While the officer may ask you to perform these tests, you do have the right to refuse. However, refusing to take these tests may result in an arrest and may be used as evidence against you in court. If you are asked to take a breathalyzer or blood test, you must submit to these tests if you are in a No Refusal Weekend area. Refusing a breathalyzer test during a No Refusal Weekend will likely lead to a blood draw, and your refusal can be used against you in court.

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The Penalties for DWI in Galveston

Being arrested for DWI during Halloween weekend in Galveston can result in severe penalties. The penalties for DWI in Texas are serious and can include hefty fines, license suspension, and even jail time. Here’s a breakdown of the potential penalties for a DWI conviction in Texas:
  • Fines and Court Costs: The fines for a DWI offense in Texas can range from $500 to $2,000 for a first offense. If there are aggravating factors such as a high BAC or a child passenger in the vehicle, the fines can be much higher. 
  • License Suspension: If you refuse to take a breathalyzer test, your license will be automatically suspended. For a first offense, this suspension can last for 90 days to one year. A second or subsequent offense can result in a longer suspension period. 
  • Jail Time: Jail time for DWI in Texas can range from a few days to several years, depending on the severity of the offense. For a first offense, jail time may not be required, but it can still be imposed, particularly if there are aggravating circumstances such as an accident or a high BAC. 

How to Protect Yourself During Halloween Weekend

The best way to avoid the risks of being stopped for DWI during Halloween weekend in Galveston is to plan ahead. Here are a few steps to consider to protect yourself:
  • Designate a Driver: If you plan to drink, make arrangements for a designated driver who can safely take you home. 
  • Use a Rideshare Service: Galveston has several rideshare services like Uber and Lyft, which can help you avoid driving while intoxicated. 
  • Public Transportation: Consider taking advantage of Galveston’s public transportation options, which can help you avoid the dangers of impaired driving. 
By planning ahead and making smart decisions, you can reduce the risks of being arrested for DWI and ensure that your Halloween weekend in Galveston is memorable for all the right reasons. While Halloween weekend in Galveston is an exciting time filled with celebrations, it’s also a time when law enforcement takes extra measures to prevent DWI offenses. If you find yourself stopped by police, it’s crucial to know your rights and understand the consequences of refusing to take a breathalyzer or blood test. With the right precautions, such as using a designated driver or rideshare service, you can enjoy a fun and safe Halloween without the risk of a DWI charge. If you are arrested for DWI, it’s important to contact an experienced attorney. Zendeh Del & Associates PLLC is here to help you navigate the legal complexities of DWI charges and protect your rights throughout the process.

To learn more about this subject click here: Navigating DWI Defense: The Myth of the “Unknown Odor of an Alcoholic Beverage”