Common Legal Trouble During Holidays

The holiday season is a time of joy, celebration, and togetherness. However, amidst the festive cheer, it’s also a time when certain legal troubles become more common. From alcohol-related incidents to theft and even domestic disputes, the pressures and dynamics of the holidays can sometimes lead to unexpected legal challenges.

In this blog, we’ll explore the most common legal issues that arise during the holiday season in Texas and provide practical tips to help you avoid them. Whether you’re celebrating at home or out and about, staying informed can make all the difference in enjoying a safe and trouble-free holiday.

1. Driving Under the Influence (DUI/DWI)

The holidays often see an increase in DWI arrests due to heightened alcohol consumption at parties, family gatherings, and New Year celebrations. According to the Texas Department of Transportation (TxDOT), alcohol contributes to nearly 25% of all traffic fatalities in Texas during the holiday season. To address this, law enforcement agencies enforce “No Refusal Weekends,” requiring suspected drunk drivers to provide breath or blood samples.

Legal Consequences in Texas
Driving while intoxicated is defined under Texas Penal Code § 49.04 as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The penalties for a first-time offense include:

• Fines up to $2,000
• Up to 180 days in jail
• License suspension for up to one year

How to Stay Safe and Legal

• Plan ahead by designating a sober driver.
• Use rideshare apps like Uber or Lyft.
• Arrange to stay overnight if you plan to drink.

By making responsible choices, you can enjoy the festivities without risking your safety or breaking the law.

2. Domestic Violence Incidents

The holiday season can bring added stress from overspending on shopping, exhausting travel schedules, and emotionally taxing social gatherings, all of which can contribute to an increase in domestic violence cases.

The Texas Council on Family Violence (TCFV) notes that calls to domestic violence hotlines increase by 15-20% during November and December.

Legal Consequences in Texas
Domestic violence, defined under Texas Penal Code § 22.01, includes any assault against a family or household member. Penalties depend on the severity of the offense:

• Class A misdemeanor: Up to 1 year in jail and fines up to $4,000
• First-degree felony: 5 to 99 years in prison and fines up to $10,000

How to Prevent and Manage Issues

• Seek help through counseling or mediation to resolve tensions.
• Identify stress triggers and take steps to manage them early.
• Avoid alcohol and drugs during conflicts, as they can escalate situations.

Recognizing the signs early can prevent conflicts from escalating.

3. Theft and Shoplifting

Holiday shopping and crowded stores create more chances for theft and shoplifting, as high-value purchases are more common. Retailers increase security during this season, leading to more arrests. According to the National Association for Shoplifting Prevention (NASP), shoplifting rises by 30-40% during the holidays, causing significant financial losses for Texas retailers.

Legal Consequences in Texas
Theft laws in Texas, under Texas Penal Code § 31.03, base penalties on the value of stolen items:

• Under $100: Class C misdemeanor (fines up to $500)
• $750 to $2,500: Class A misdemeanor (up to 1 year in jail and fines up to $4,000)
• Over $2,500: Felony charges with severe penalties

How to Avoid False Acusations

• Keep receipts for your purchases.
• Don’t place unpurchased items in bags or carts without checking out.
• Learn and follow store policies.

By staying mindful, you can avoid legal trouble while enjoying your holiday shopping.

4. Public Intoxication

Holiday celebrations like parades, concerts, and New Year’s parties often lead to increased public intoxication incidents. These events can make it easier for individuals to unknowingly violate public intoxication laws.

Legal Consequences in Texas
Under Texas Penal Code § 49.02, public intoxication happens when someone is visibly intoxicated in a public place to the point of being a danger to themselves or others. This is a Class C misdemeanor, carrying a fine of up to $500.

How to Avoid Public Intoxication Arrests

• Drink responsibly and know your limits.
• Stay with friends who can help if you’re impaired.
• Avoid risky situations, like rowdy crowds or unsafe environments, when drinking.

By being mindful, you can enjoy the holidays while staying safe and avoiding legal trouble.

5. Burglary and Property Crimes

The holiday season often sees a rise in home burglaries as families leave their homes unattended for vacations or outings. According to a survey, Texas ranks 10th nationally for both the frequency and costliness of burglaries in December.

Legal Consequences in Texas
Burglary, under Texas Penal Code § 30.02, is the unlawful entry of a home or building with the intent to commit theft, assault, or another felony. Penalties depend on the severity of the crime:

• State jail felony: 6 months to 2 years in jail
• First-degree felony: 5 to 99 years in prison and fines up to $10,000

Tips to Keep Your Home Safe

• Install security cameras and alarm systems.
• Notify neighbors or local police if you’re leaving town.
• Avoid sharing travel plans or pictures of expensive gifts on social media.

Taking these precautions can help ensure your home stays safe while you enjoy the holidays.

The holiday season should be a time of joy and celebration, not stress or legal troubles. However, as we’ve explored, common legal issues such as DUI, domestic violence, theft, public intoxication, and burglary can escalate during this festive time. By staying aware of potential risks, understanding the legal consequences, and taking proactive steps, you can protect yourself and your loved ones from unnecessary complications.

Arrested? Don’t Plea, Call Me!

If you or someone you know finds themselves facing legal challenges during the holidays, don’t navigate the complexities of the Texas legal system alone. The Texas Criminal Defense Group is here to provide expert guidance and strong defense to protect your rights.

Call us today for a consultation and let us help you achieve the best possible outcome during this difficult time. Enjoy your holidays with peace of mind, knowing that you have a trusted ally in your corner.