Halloween is such a fun time of the year! Between the costumes, candy, haunted houses, and scares, Halloween is a great time for everyone of all ages to enjoy themselves. But Halloween can often lead to a spike in arrests from Halloween-themed parties, pranks gone wrong, and consuming alcohol. These arrests often involve people who never intended to break the law.
As a long-time criminal defense attorney, I see the aftermath of Halloween missteps every year. Let’s talk a bit about common charges people face on or around Halloween, and how you can enjoy Halloween festivities without getting into legal trouble. This will be the first in a series of blog posts about common Halloween arrests, so be sure to read our next blog post later this month!
Underage Drinking (DUI)
Halloween parties, especially among high school and college students, often involve alcohol. The main difference between a DUI case for a person under 21 and a person over 21 is the “per se” legal limit. The “per se” legal limit comes into play if there is a test done (usually either breath or blood, though a urine test can also be done) and the individual’s blood alcohol concentration is over a particular amount. Because people under 21 are not legally allowed to drink at all, the Georgia Legislature has set the “per se” legal limit at 0.02 grams for those people.
If you are convicted of a DUI under the age of 21, you can face the following penalties:
- At least 24 hours but not more than one year of jail time
- 12 month of probation, less any time spent in jail
- 40 hours of community service at a 501(c)(3) non-profit organization
- DUI or Drug Use Risk Reduction Program
- Clinical evaluation and treatment
- License suspension
Avoid it: The best thing you can do if you’re under 21 is leave the alcohol alone to avoid any legal trouble.
Click here to learn more about DUIs if you are under 21 in Georgia.
DUI Over 21 Following Parties
Drunk driving arrests skyrocket on Halloween night. If you are driving while under the influence and pulled over, you can face any of the following penalties:
- 24 Hours to 12 Months of Jail Time
- 12 Months of Probation
- A Fine of $300 to $1,000 (Plus Surcharges and Court Costs)
- 40 Hours of Community Service at a Non-Profit Organization
- DUI Alcohol or Drug Use Risk Reduction Program
- Clinical Evaluation and Treatment
- License Suspension
Avoid it: Plan ahead with a designated driver, rideshare service, or public transportation to avoid an accident, arrest, or a criminal record.
Click here to learn more about what can happen if you are convicted of a DUI for the first time in Georgia. (And click here to learn more about what can happen if you are convicted for a second time.)
Disorderly Conduct
Under Georgia state law, a person commits disorderly conduct when they:
- Act in a “violent or tumultuous manner” towards another person and give that person a reasonable fear that their safety is in danger;
- Act in a “violent or tumultuous manner” towards another person and give that person a reasonable fear that their property is in danger of being damaged or destroyed;
- Use “fighting words” without provocation; or
- Use obscene and vulgar language in the presence of a person under 14 which has the potential to cause an immediate breach of the peace without provocation. This includes by telephone.
Disorderly conduct is a misdemeanor offense in Georgia. That means that it carries a maximum penalty of up to a year of imprisonment and a fine of up to $1,000.
Avoid it: Be mindful of your surroundings! If a party seems to be getting out of hand, it’s better to leave than get in trouble with the law.
Click here to learn more about what is and is not disorderly conduct in Georgia.
Have Questions? Give Me a Call.
Halloween is meant to be fun, and sometimes things can get out of hand when you’re having fun! But one night should not define your entire future. If you do find yourself involved with the law in any way this Halloween, you need an experienced lawyer on your side. Don’t panic, give me a call! I’m here to answer your questions and help you every step of the way.
