DWI and Criminal Liabilities Over the Holidays: What Texas Residents Should Know
December 15, 2025
The holiday season brings joy, celebrations, and time spent with loved ones. Unfortunately, it also brings a significant rise in DWI arrests and other alcohol-related criminal charges across Texas. Law enforcement increases patrols, sets up no-refusal weekends, and takes a strict approach to impaired driving.
At Schneider Law Firm, we want Texas residents to understand the risks, the consequences, and their legal rights if they find themselves facing holiday-related criminal charges.
Why DWI Arrests Increase During the Holidays
Between Thanksgiving and New Year’s Day, Texas experiences one of the highest spikes in impaired-driving arrests. Contributing factors include:
- Holiday parties and social gatherings
- Increased travel and late-night driving
- Heightened alcohol consumption
- Special “no-refusal” weekends for blood warrants
One mistake can lead to severe legal consequences—sometimes even lifelong ones.
Understanding DWI Laws in Texas
In Texas, Driving While Intoxicated (DWI) occurs when:
- Your blood alcohol concentration (BAC) is 0.08% or above, or
- Officers believe you have lost the normal use of your mental or physical faculties due to alcohol, drugs, or a combination of both.
This means you can still be charged with DWI even if your BAC is below 0.08%, based on observations alone.
What Is a No-Refusal Weekend?
During major holiday weekends, Texas police often declare a no-refusal period, meaning:
- You can still refuse field sobriety or breath tests
- However, officers can obtain an electronic warrant quickly
- A blood draw can be required shortly after
This streamlined process results in more arrests and more evidence used in prosecution.
Common Holiday-Related Criminal Charges
While DWIs are the most frequent holiday offenses, several other charges increase during this time of year:
1. Public Intoxication
You don’t have to be driving. Being intoxicated in public to the point of posing a danger to yourself or others can lead to arrest.
2. Open Container Violations
Having an open alcohol container in a vehicle’s passenger area can result in penalties—even if the driver is sober.
3. Disorderly Conduct
Crowded events and alcohol-fueled gatherings can escalate into loud, disruptive, or aggressive behavior.
Holiday stress, family conflict, or bar fights can quickly turn into misdemeanor or felony assault charges.
Recreational marijuana remains illegal in Texas. Even small amounts can lead to arrest and criminal charges.
Knowing your rights can make a significant difference if you are charged with any of these offenses.
Consequences of a DWI in Texas
A holiday DWI arrest comes with serious legal and personal consequences, such as:
- Jail time
- Fines and court costs
- Driver’s license suspension
- Mandatory classes or treatment
- Ignition interlock devices
- Permanent criminal record
- Increased insurance rates
Repeat offenses lead to harsher penalties, including felony charges.
What to Do If You're Pulled Over for Suspected DWI
If stopped by law enforcement this holiday season, remember:
- Stay calm and remain polite.
- Provide your license, insurance, and registration when asked.
- You have the right to remain silent—use it politely.
- You can refuse field sobriety tests (officers may still obtain a warrant for a blood test).
- Do not argue or volunteer unnecessary information.
- Request an attorney immediately if arrested.
Anything you say can be used against you later.
How Schneider Law Firm Can Help
If you are arrested for DWI or another holiday-related offense, our criminal defense attorneys can:
- Review the legality of the traffic stop
- Challenge breath or blood test results
- Identify procedural errors
- Work to reduce or dismiss charges
- Protect your driver’s license
- Advocate aggressively for your rights
A single lapse in judgment should not define your future—or your record.
The holiday season should be full of warmth and celebration, not legal stress. By staying informed and making responsible choices, you can help ensure a safe, enjoyable season.
But if you or someone you know is facing a DWI or criminal charge this holiday season, contact Schneider Law Firm for experienced, strategic defense representation.