Halloween falls on a Saturday this year, which means many people in Fresno will be celebrating two nights in a row. There will be costume parties at friends' houses, crowded bars in the Tower District, and events all weekend. Most people put more thought into their costume than into how they are getting home.
That is usually where the trouble starts. Most Halloween arrests are not for serious crimes. They are misdemeanors that happen because someone had a few drinks and did not have a plan. A misdemeanor may sound minor, but it can still mean jail time, fines, a suspended license, and a criminal record that shows up on background checks for years.
Here is what you need to know before you head out.
Halloween combines several things that lead to arrests: parties, alcohol, late nights, crowds, and people driving to and from unfamiliar places. Law enforcement knows this. Police departments and the California Highway Patrol often increase DUI patrols around Halloween weekend, and checkpoints are common during major holidays. If you want to know your rights at a checkpoint, read our post on Fresno DUI checkpoints.
Costumes can add to the problem. Masks, face paint, and bulky outfits can make it harder to perform field sobriety tests and can draw extra attention from officers. None of that is a crime on its own, but it can make an ordinary stop more complicated.
A first-time DUI in California is usually a misdemeanor, but the consequences add up quickly. A conviction can bring probation, fines and fees, a required DUI program, a license suspension, and higher insurance rates. See our post on how much a Fresno DUI really costs for a breakdown.
A few Halloween situations catch people off guard:
You feel fine, but you are not. Party drinks, punch bowls, and specialty cocktails often contain far more alcohol than a standard drink. You may be over the legal limit without realizing it.
The morning after. If you drank late into the night, you may still be over the limit when you drive home the next morning. A Sunday morning DUI is still a DUI.
Sleeping in your car. Some people decide to "sleep it off" in their car. Depending on where you are sitting, whether the engine is running, and what the officer observes, this can still lead to an arrest. Our post on what counts as driving under Fresno DUI laws explains why this is more complicated than it sounds.
If you are arrested for DUI, remember that the DMV process is separate from your court case, and you have only 10 days to protect your license. Read our post on contacting the DMV after a DUI arrest so you do not miss that deadline.
Many people assume that if they are not driving, they cannot get in trouble for drinking. That is not true. These are some of the misdemeanor charges we see after holiday weekends.
Public intoxication. Being drunk in public is a crime in California when you are unable to care for your own safety or the safety of others, or when you block a sidewalk or public way. Walking between bars, waiting outside for a ride, or wandering away from a party can lead to an arrest if an officer believes you fit that description.
Disturbing the peace and fights. Crowded bars and parties, combined with alcohol, lead to arguments. Loud, unreasonable noise, challenging someone to fight, or getting into a fight can lead to charges for disturbing the peace, assault, or battery. Even if you did not start it, you may be the one arrested if you are still there when police arrive.
Vandalism. Halloween pranks that seem funny after a few drinks, such as egging a car, smashing pumpkins, or spray painting, can lead to vandalism charges. Depending on the amount of damage, you may also be ordered to pay for repairs.
Fake IDs. Using a fake or borrowed ID to get into a bar is a misdemeanor, and it can create problems for your driver's license as well.
If you are hosting a Halloween party, you are taking on more responsibility than you may realize.
Providing alcohol to anyone under 21 is a misdemeanor in California. This includes handing a drink to a young guest, leaving alcohol where minors can easily take it, or letting a teenager's friends drink at your house. If a minor you served is later injured or injures someone else, you may also face serious civil liability.
If your party includes guests of different ages, keep alcohol under control, know who is drinking, and be prepared to step in. For more on what happens when young people are charged, read our post on underage DUI charges in Fresno County.
Being a passenger does not always protect you either. Having an open container of alcohol in a vehicle is against the law for passengers as well as drivers. Open container violations are usually infractions rather than misdemeanors, but they can give an officer a reason to investigate further. If the driver is arrested and you have also been drinking, you may find yourself stranded on the side of the road late at night with no safe way home.
Almost every case described above could have been avoided with a simple plan made before the first drink. Before you head out this Halloween, decide:
The plan matters most when your judgment is at its worst. Making these decisions while you are sober takes them out of the hands of the person you will be at 1:30 in the morning.
Even with a plan, things can go wrong. If you are stopped or arrested:
A misdemeanor arrest is not the same as a conviction. Many drinking-related cases can be reduced, negotiated, or dismissed, especially for people with little or no record. The earlier you have an attorney involved, the more options you have.
Halloween should be fun. Enjoy the costumes, the parties, and the weekend, and make your plan before the first drink. If something does go wrong, you do not have to face it alone. Attorney Tina M. Barberi has more than 25 years of experience defending DUI and misdemeanor cases in Fresno County courts. Call (559) 447-1240 or schedule a free consultation to discuss your case.
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