
Drinking on Halloween? Don’t drive.
Drunk Driving Accidents Spike on Halloween: What Victims in Texas Should Know
Halloween chills don’t just come from spooky costumes. They also come from the sharp rise in drunk-driving incidents that make the holiday one of the most dangerous nights of the year.
According to the National Highway Traffic Safety Administration (NHTSA), alcohol is a factor in more than 40% of fatal crashes on Halloween night. Adults heading home from parties often underestimate how impaired they are, putting everyone else at risk.
This post explains what Texas law says about impaired driving, who can be held liable after a Halloween-related crash, and what steps to take if you or someone you love is hurt.
Halloween Drunk-Driving Statistics
Halloween consistently ranks among the deadliest nights on U.S. roads:
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In recent years, over 40% of all fatal crashes on Halloween involved an impaired driver (NHTSA).
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From 2019 – 2023, 198 people nationwide were killed on Halloween by drivers with a blood-alcohol concentration (BAC) of 0.01 or higher.
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On Halloween weekends, 44% of deadly crashes involved a driver or motorcyclist with a BAC ≥ 0.08.
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Roughly one-quarter of pedestrian fatalities on Halloween night involved an intoxicated driver.
These numbers highlight the ongoing threat that drunk drivers pose during late-night celebrations.
Texas Law on Impaired Driving
Under Texas Penal Code § 49.04, a driver commits Driving While Intoxicated (DWI) if:
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They have a BAC of 0.08 or higher, or
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They have lost the normal use of mental or physical faculties because of alcohol, drugs, or any intoxicating substance.
A first-time DWI is usually a misdemeanor, but penalties escalate quickly when injuries occur. If a drunk driver causes a crash that injures or kills someone, they can face felony charges for intoxication assault or intoxication manslaughter.
Civil liability also applies: intoxicated drivers—and sometimes the establishments that overserved them—can be held financially responsible for victims’ medical bills, lost income, and pain and suffering.
What To Do If You’re Injured by an Impaired Driver
No one expects their Halloween night to end in a crash, but knowing what to do can protect your health and your legal rights:
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Call 911 Immediately – Report the crash so police and emergency responders can document the scene.
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Gather Evidence – Take photos of vehicles, road conditions, and injuries. Get contact details for witnesses.
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Seek Medical Attention – Even minor aches could mask serious trauma or internal injury.
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Consult a Personal Injury Attorney – An attorney can handle insurance negotiations and help prove negligence while you recover.
Injured by a Drunk Driver on Halloween? Call Shaw.
Halloween should be mysteriously fun—not dangerously life-changing. If you or a loved one was injured by an impaired driver anywhere in Texas, you may be entitled to compensation for:
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Ambulance Costs
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ER Treatment
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Surgeries and Medical Bills
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Pain and Suffering
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Property Damage
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Missed Work
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Wrongful Death
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And More
We’ll help you find out if you have a case for free.
Call Shaw at 800-862-1260 today or use live chat to schedule your free case evaluation with one of our experienced personal-injury attorneys in Texas. No fees. No obligations. Just expert legal advice when you need it most.
Carabin Shaw has been a trusted name in San Antonio and across Texas for over 32 years because we put our clients first.
We look forward to serving you.