Halloween is supposed to be scary, thanks to the costumes, haunted houses, and horror movies. But for many people, the real fright comes after the party ends. Each year, Halloween night brings a noticeable spike in arrests across the country. What starts as harmless fun too often turns into a ride in the back of a police cruiser.
Whether you’re planning to hit a costume party, bar-hop with friends, or host a get-together of your own, it’s important to understand that the line between fun and criminal charges is easier to cross than most people think. Here’s what you need to know to protect yourself or your future before heading out this Halloween.
Common Halloween-Related Arrests
1. DUI (Driving Under the Influence)
Let’s start with the big one. Halloween night is one of the most common nights of the year for DUI arrests. Police departments across Florida (and the entire country) often increase patrols and set up sobriety checkpoints.
If you’ve been drinking, even if you feel fine, driving can land you in serious trouble. The legal limit in Florida is a BAC of 0.08%, but keep in mind that DUI charges can still apply below that threshold if an officer believes your ability to drive is impaired.
Quick tip: Even buzzed driving can be considered impaired driving. If you’ve had anything to drink, get a ride, don’t risk it.
2. Underage Drinking
For college students and anyone under 21, Halloween parties are often where underage drinking happens out in the open. Police know this. Whether you’re at a house party or walking between bars, if you’re caught with alcohol and you’re underage, you could be facing charges.
Even holding a cup at a party where alcohol is present can make you a target, especially if police are already looking to shut down a loud or rowdy gathering.
3. Disorderly Conduct and Public Intoxication
When you mix alcohol, crowds, and costumes, things can get out of hand fast. Being loud, starting arguments, fighting, or even just stumbling down the street can land someone a charge for disorderly conduct.
In some cases, being drunk in public and not cooperating with police (even unintentionally) can escalate into more serious charges like resisting arrest or battery on a law enforcement officer, especially if things turn physical.
4. Vandalism or Property Damage
Egging cars, smashing pumpkins, knocking over lawn decorations; it may sound like typical Halloween mischief, but the law doesn’t see it that way. Damaging someone’s property, even as a prank, can result in criminal mischief charges, which range from misdemeanors to felonies depending on the cost of the damage.
What to Do If You’re Arrested on Halloween Night
If you find yourself being questioned, detained, or arrested, what you do next can make a huge difference in your case:
1. Stay Calm and Be Polite
Arguing with officers or trying to explain your way out of the situation can backfire. Stay calm, don’t resist, and keep your hands visible.
2. Don’t Answer Questions Without a Lawyer
You have the right to remain silent. Use it. You are not required to explain what you were doing, where you were going, or whether you’ve been drinking. Politely say, “I’d like to speak with an attorney before answering any questions.”
3. Call a Defense Attorney ASAP
The sooner you speak with a criminal defense attorney, the better. An experienced lawyer can help protect your rights, review the evidence against you, and make sure you’re not pushed into a bad plea deal.
Even misdemeanor charges can follow you for years, affecting job prospects, scholarships, or professional licenses. Don’t take chances with your record.
Know Your Rights Before You Go Out
A good Halloween costume might give you confidence, but it doesn’t make you invisible to the law. Here are a few rights to keep in mind before you hit the streets:
- You do not have to consent to a search. Unless police have a warrant, probable cause, or you give permission, they can’t search your bag, car, or person.
- You don’t have to answer police questions. You can say, “I don’t wish to answer questions without my attorney.”
- You have the right to legal representation. If you’re arrested, ask for a lawyer and say nothing else until you have one.
Parents, This Part’s for You
If your college-age child gets arrested on Halloween night, don’t panic, but do act quickly. Help them find a qualified criminal defense attorney who understands the local court system and has experience with the charges at hand.
Trying to “wait it out” or handle it on your own can make things worse. A lawyer can often negotiate to reduce or dismiss charges, especially for first-time offenders.
Don’t Let One Night Haunt You
Halloween should be about costumes, candy, and good memories—not court dates and criminal records. But every year, we see good people—students, young professionals, even parents—end up with serious legal trouble from one night of bad decisions.
If it happens to you or someone you love, don’t wait. Talk to a defense attorney who knows how to fight the charges and protect your future.
And if you’re heading out this Halloween: be smart, stay safe, and maybe go easy on the zombie punch.
Call Glassman and Zissimopulos and our team of dedicated attorneys today. (352) 505-4515 or Toll-Free at (844) 787-2543. When you call, you will be able to speak with a lawyer. This is our commitment to you.