Memorial Day DWIs: Facts You Should Know Before the Holiday
Memorial Day weekend is often seen as the unofficial start of summer—barbecues, lake days, road trips, and family gatherings. Unfortunately, it’s also one of the most dangerous times of year for drivers. With increased travel and alcohol consumption, law enforcement agencies across Texas and the nation ramp up efforts to catch impaired drivers. If you’re not careful, your relaxing weekend could end with flashing lights and a Memorial Day DWI charge.
Here’s what you need to know about Memorial Day DWIs—and how to protect yourself before hitting the road.
Why DWI Arrests Spike During Memorial Day
Every year, Memorial Day ranks among the top holidays for alcohol-related crashes and DWI arrests. According to the National Highway Traffic Safety Administration (NHTSA), from 2017 to 2021, more than 40% of traffic fatalities over Memorial Day weekend involved alcohol-impaired drivers (source).
Why the spike? A few reasons:
- More traffic: Memorial Day weekend kicks off the summer travel season, with millions of people on the road.
- Alcohol-heavy celebrations: Backyard BBQs, beach outings, and lake trips often involve drinking—sometimes more than people realize.
- Increased law enforcement presence: Texas law enforcement frequently participates in “No Refusal Weekends,” meaning if you’re pulled over for suspected DWI, you’ll likely be required to submit to a blood draw even if you refuse a breathalyzer.
In Texas, the Department of Transportation (TxDOT) reported that over 300 DWI-related crashes occurred during Memorial Day weekend in 2022, resulting in dozens of fatalities and serious injuries (TxDOT campaign data).
Common Roadside Mistakes That Lead to DWI Charges
Even responsible drivers can make errors that put them on law enforcement’s radar. Understanding the most common roadside mistakes can help you avoid a DWI charge:
Driving with Alcohol in the Vehicle
Open container laws are strictly enforced in Texas. Even if you’re not intoxicated, having an open container in your vehicle can give police probable cause to investigate further.
Performing Field Sobriety Tests Poorly
Standardized Field Sobriety Tests (SFSTs) like the walk-and-turn or one-leg stand can be difficult to perform even sober—especially on uneven terrain, at night, or under stress. Many people who are not legally intoxicated still fail these tests, leading to arrest.
Talking Too Much
Trying to “explain” yourself can backfire. Admitting to “just a couple drinks” or nervously saying the wrong thing can be used against you in court. You’re not required to answer questions that may incriminate you—politely declining to comment is often the safest move.
Refusing a Breath or Blood Test Without Knowing the Consequences
In Texas, refusing a chemical test can result in a license suspension of up to 180 days under implied consent laws. However, law enforcement may still obtain a warrant for a blood test.
What Happens After a Holiday Weekend DWI Arrest
Getting arrested for a DWI in Texas over a holiday weekend can feel overwhelming—but knowing what happens next can help you regain control.
Booking and Jail Time
You’ll likely be taken to the county jail for booking. Depending on the jurisdiction and holiday volume, it could take several hours (or more) to be released on bond.
Administrative License Revocation (ALR)
Your license may be suspended automatically if you failed or refused a breath or blood test. You only have 15 days from the date of arrest to request an ALR hearing to contest this suspension.
Court Process
Your first court appearance (arraignment) may be weeks later. If you don’t already have a lawyer, now is the time to get one. You’ll face fines, potential jail time, and long-term consequences if convicted.
Impact on Employment and Insurance
A DWI charge can impact professional licenses, job status, and auto insurance rates—particularly if your job involves driving or security clearance.
How an Attorney Can Help Fight Unfair Charges
A DWI arrest doesn’t always mean a conviction. In fact, many cases can be reduced or even dismissed with the help of an experienced DWI attorney. Here’s how legal counsel can help:
Investigate the Arrest Process
An attorney can examine whether the officer had probable cause for the stop, whether field sobriety tests were properly administered, and whether your rights were violated during the arrest.
Challenge the Breath or Blood Test Results
Chemical testing is not foolproof. Breathalyzers can malfunction, and blood tests can be mishandled. Your attorney may file motions to suppress invalid evidence if protocols were not followed.
Represent You at the ALR Hearing
Fighting your license suspension is time-sensitive. Your lawyer can represent you at the hearing and possibly prevent the suspension altogether.
Negotiate for Reduced Charges or Dismissal
A skilled defense lawyer may negotiate with the prosecution to get charges reduced to a lesser offense, such as obstruction of a roadway or reckless driving—helping you avoid a DWI on your record.
Protect Your Future
Beyond legal fines and jail time, a DWI conviction can haunt you for years. A lawyer can help protect your record, your license, and your livelihood.
Stay Safe and Know Your Rights
Memorial Day should be a time of remembrance and relaxation—not regret. Plan ahead if you’re going to drink: assign a designated driver, call a rideshare, or book a hotel near your gathering.
If you or someone you know ends up facing a DWI charge this Memorial Day weekend, don’t wait to get legal help. The sooner you involve an experienced attorney, the better your chances of a favorable outcome.
Need Help with a DWI Charge?
At Buck Johnson Law, we understand that good people can find themselves in bad situations. We’ve helped countless Texans fight DWI charges and protect their futures. If you’ve been arrested for a DWI—especially over a holiday weekend—contact us right away for a free consultation.
📞 Call us at (214) 808-3812 or contact us online to get started.
