The eight most common holiday crimes in Texas are DWI, public intoxication, shoplifting, credit card fraud, family violence, disorderly conduct, package theft, and burglary. Each carries serious penalties under Texas law, and arrests spike between Thanksgiving and New Year’s due to increased alcohol consumption, financial stress, and emotional tension.
A poor decision during the holidays can follow you long after the decorations come down. Police step up enforcement, retailers add security, and prosecutors treat holiday offenses no differently than crimes committed any other time of year. Here’s what you need to know about the most common holiday crimes and how to protect yourself.
1. DWI: The Most Common Holiday Arrest
Driving while intoxicated leads the list of holiday arrests in Texas. Under Texas Penal Code § 49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated. Intoxicated means having a blood alcohol concentration (BAC) of 0.08% or higher, or lacking normal use of mental or physical faculties due to alcohol or drugs.
During the holiday season, Texas law enforcement agencies implement No-Refusal programs. These programs allow police to obtain search warrants for blood draws when drivers refuse breath tests. Officers are also out in greater numbers, looking for any traffic violation to initiate a stop.
DWI Penalties in Texas
A first-time DWI is a Class B misdemeanor punishable by 72 hours to 180 days in jail, fines up to $2,000, and a driver’s license suspension of 90 days to one year. A second DWI jumps to a Class A misdemeanor with up to one year in jail and fines up to $4,000. A third DWI is a third-degree felony carrying two to 10 years in prison.
If you plan to drink at holiday gatherings, arrange safe transportation before you start. Use Uber, Lyft, a designated driver, or services like SoberRides.org. If you are pulled over after drinking, remember you have the right to remain silent and the right to refuse field sobriety tests (though refusing a breath or blood test triggers automatic license suspension under Texas’s implied consent law).
2. Public Intoxication: An Easy Arrest
Public intoxication is one of the easiest arrests police can make during the holidays. Under Texas Penal Code § 49.02, a person commits public intoxication if they appear in a public place while intoxicated to the degree that they may endanger themselves or another person.
Holiday office parties, bar crawls, neighborhood gatherings, and New Year’s Eve celebrations create prime conditions for PI arrests. Police often patrol areas near bars, restaurants, and event venues looking for intoxicated individuals. Simply stumbling in a parking lot or being too loud outside a bar can lead to an arrest.
Public Intoxication Penalties
Public intoxication is a Class C misdemeanor punishable by a fine up to $500. While it carries no jail time for a first offense, it still creates a criminal record that appears on background checks. For minors, a PI conviction triggers a driver’s license suspension of 30 to 180 days under Texas Alcoholic Beverage Code § 106.071.
The best way to avoid a PI arrest is to have a plan for getting home safely and to stay inside a private residence or establishment until your ride arrives. Standing outside waiting for an Uber while visibly intoxicated can still result in an arrest.
3. Shoplifting Increases During the Holidays
Shoplifting spikes during the holidays as people struggle to afford gifts or give in to impulse. Under Texas Penal Code § 31.03, theft occurs when a person unlawfully appropriates property with intent to deprive the owner. Penalties depend on the value of the stolen goods.
Texas Theft Penalties by Value
Theft of property worth less than $100 is a Class C misdemeanor with fines up to $500. Theft of property valued between $100 and $750 is a Class B misdemeanor punishable by up to 180 days in jail. Theft of property worth $750 to $2,500 is a Class A misdemeanor with up to one year in jail. Theft exceeding $2,500 becomes a felony.
Retailers increase security staff and loss prevention personnel during the holidays. Many stores also use advanced surveillance systems and undercover security. Commonly stolen items include electronics, designer clothing, alcohol, cosmetics, perfume, toys, and specialty food items.
If financial hardship is driving you to consider shoplifting, organizations like the Salvation Army, the Goodfellow Fund, and Toys For Tots can help provide gifts and meals for families in need.
4. Credit Card Fraud and Identity Theft
The holiday shopping frenzy creates opportunities for credit card fraud and identity theft. Under Texas Penal Code § 32.31, credit card or debit card abuse occurs when a person uses a card with knowledge that it is stolen, expired, revoked, or belongs to someone else without their consent. Identity theft is covered under Texas Penal Code § 32.51, which prohibits obtaining, possessing, or using another person’s identifying information without consent.
Common holiday fraud schemes include card skimmers at busy retail locations, stolen card numbers from online purchases, employees copying card information during transactions, and using a family member’s card without permission to buy gifts.
Credit Card Fraud Penalties
Credit card abuse is a state jail felony punishable by 180 days to two years in a state jail facility and fines up to $10,000. If the amount stolen exceeds $2,500, the charge can be enhanced to a third-degree felony carrying two to 10 years in prison. Identity theft penalties range from a state jail felony to a first-degree felony depending on the number of victims and amount of loss.
Using someone else’s card, even a spouse’s or parent’s, without explicit permission is a crime. The pressure to provide gifts is never worth a felony conviction that will follow you for life.
5. Family Violence Arrests Spike at Holiday Gatherings
Holiday gatherings bring families together, but they can also trigger heated arguments that escalate into physical confrontations. Under Texas Penal Code § 22.01, assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another. When that person is a family member, household member, or someone with whom the accused has a dating relationship, the charge becomes assault family violence under Texas Family Code § 71.004.
Why Family Violence Charges Are Especially Serious
Texas prosecutors take family violence cases seriously. Most offices have a “no-drop” policy, meaning they pursue charges even if the alleged victim wants to dismiss them. A first-offense assault family violence causing bodily injury is a Class A misdemeanor with up to one year in jail and fines up to $4,000. If the defendant has a prior family violence conviction, the charge becomes a third-degree felony punishable by two to 10 years in prison.
A family violence conviction also triggers a lifetime ban on possessing firearms under federal law (18 U.S.C. § 922(g)(9)). It can affect custody arrangements, professional licenses, and immigration status.
When tensions rise during holiday gatherings, step away before things escalate. Limit alcohol consumption. If you feel your anger building, leave the room or take a walk. A moment of restraint can prevent consequences that last for years.
6. Disorderly Conduct and Fighting
Crowded malls, busy parking lots, long lines, and alcohol-fueled celebrations create conditions for disorderly conduct charges. Under Texas Penal Code § 42.01, a person commits disorderly conduct by engaging in fighting, making unreasonable noise, using abusive or profane language in a manner likely to incite a response, displaying a firearm to cause alarm, or creating a hazardous or offensive condition.
Holiday-related disorderly conduct often arises from parking lot disputes, arguments over merchandise, bar fights at holiday parties, road rage incidents, and confrontations with retail employees. When alcohol is involved, minor disagreements can quickly escalate.
Disorderly Conduct Penalties
Most disorderly conduct offenses are Class C misdemeanors punishable by fines up to $500. However, disorderly conduct involving a firearm is a Class B misdemeanor carrying up to 180 days in jail. Disorderly conduct charges are often filed alongside other offenses like public intoxication, assault, or criminal mischief.
The holidays test everyone’s patience. Before engaging in a confrontation over a parking spot or a sold-out item, ask yourself whether a criminal record is worth it. Walk away and let it go.
7. Package Theft: The Holiday Crime of Opportunity
Package theft, often called “porch piracy,” has become one of the most common holiday crimes. Thieves cruise neighborhoods looking for packages left on doorsteps. Under Texas Penal Code § 31.03, taking a package is theft, with penalties based on the value of the contents.
Federal Mail Theft Charges
If the package was delivered by the U.S. Postal Service, package theft becomes a federal crime under 18 U.S.C. § 1708. Federal mail theft carries up to five years in prison. Texas law enforcement agencies have begun using bait packages equipped with GPS trackers to catch porch pirates. Many homeowners also have doorbell cameras that capture clear footage of thieves.
The risk of stealing a package is never worth the reward. The unknown contents of a box could be worth far less than the legal fees, fines, and potential jail time that follow an arrest.
8. Burglary of Homes and Vehicles
Home and vehicle burglaries increase during the holidays. Thieves target cars with shopping bags visible through windows and homes with presents displayed near windows. Under Texas Penal Code § 30.02, burglary of a habitation (home) is a second-degree felony punishable by two to 20 years in prison. If the burglary involves entry into a building other than a habitation, it is a state jail felony carrying 180 days to two years in a state jail facility.
Texas Castle Doctrine
Burglars also face the risk of encountering armed homeowners. Under Texas Penal Code § 9.31 and § 9.32, Texas law allows homeowners to use deadly force to protect their property against intruders under certain circumstances. Many burglars have discovered too late that the risk did not outweigh the reward.
If you’re tempted by holiday opportunities, consider the consequences: felony charges, years in prison, and the very real possibility of facing an armed property owner.
Arrested Over the Holidays? Contact a Fort Worth Criminal Defense Attorney
If you or a loved one is arrested during the holiday season, contact an experienced criminal defense lawyer immediately. The team at Varghese Summersett includes board-certified criminal defense attorneys and former prosecutors with decades of combined experience handling DWI, theft, family violence, fraud, and other criminal cases throughout the Dallas-Fort Worth area.
We offer a free consultation where we will discuss the facts of your case, explain the legal issues and potential consequences, and outline defense strategies that apply to your situation.
Call (817) 203-2220 or contact us online to schedule your free strategy session.
Frequently Asked Questions About Holiday Crimes
What happens if I get arrested for DWI on Christmas Eve?
You will be processed like any other DWI arrest. However, courts may be closed for the holiday, which could mean spending additional time in jail before seeing a judge for bond. Contact a criminal defense attorney immediately to help expedite your release.
Can charges be dropped if my family member doesn’t want to press charges for assault?
In Texas, the decision to prosecute belongs to the district attorney’s office, not the alleged victim. Most prosecutors have no-drop policies for family violence cases and will proceed even without the victim’s cooperation.
Is stealing a package a felony in Texas?
It depends on the value of the contents. Theft of property worth more than $2,500 is a felony. If the package was delivered by USPS, federal mail theft charges can apply, which carry up to five years in prison regardless of value.
Can I be arrested for public intoxication while waiting for my Uber?
Yes. If you are visibly intoxicated in a public place and appear to be a danger to yourself or others, police can arrest you for public intoxication under Texas Penal Code § 49.02. Wait inside a bar or restaurant until your ride arrives.
Is using my spouse’s credit card without asking considered fraud?
Potentially, yes. Under Texas law, using any credit card without the cardholder’s effective consent can constitute credit card abuse. Even between spouses, explicit permission should be obtained to avoid potential criminal liability.
What should I do if I’m arrested over the holidays?
Exercise your right to remain silent. Do not discuss your case with anyone except your attorney. Contact a criminal defense lawyer as soon as possible, even if it means calling from jail.
