What You Need to Know About Halloween and Drunk Driving in Florida

To some, Halloween is the holiday of the year. Children roam the streets on trick or treat escapades while adults make their way to themed parties. Unfortunately, once alcohol is added to the mix, the results can be horrific for those who are driving anywhere in Florida.

Every day, almost 29 people in the United States die in alcohol-impaired vehicle crashes.

Here’s all you need to know about road dangers during the holiday in Florida.

Halloween Drunk Driving Accidents

According to the National Highway Traffic Safety Administration (NHTSA), alcohol has been a common factor in fatal accidents on Halloween in recent years. Specifically, 43% of all fatal vehicle accidents in 2013 and 26% of all fatal pedestrian accidents in 2009 were caused by a driver who had been drinking.

Regardless of whether you’re partying or just taking the kids for a spooky stroll, drink driving is truly the scariest element of Halloween night.

Blood Alcohol Limit

Florida law stipulates if you are drunk enough for your “normal faculties” to be impaired or have a blood alcohol level over 0.08, then you’re eligible for a drunk driving arrest.


The Florida Highway Patrol and the Police Departments across Florida are aware of the intoxicated driving habits of Florida drivers, so we can expect police officers to be very vigilant on the weekend before and after Halloween.

The charges will depend on numerous variables such as previous convictions, the driver’s blood alcohol level, and the severity of the accident and injuries.

Always comply with authorities and contact an attorney in the event of an accident, whether you are a victim of a drunk driving accident or vis versa.

How Parents Can Keep Their Kids Safe on Halloween

Follow these tips to reduce the risk of your little ones coming to harm this Halloween.

  • Escort them at all times or ensure they are accompanied by a responsible adult.
  • Avoid trick or treating close to rowdy house parties.
  • Stick to the sidewalks and travel in large groups.
  • Wear reflective clothing or carry flashlights.
  • Head home by 9 p.m.

Tips for party goers

Aside from the obvious “don’t drink and drive,” consider the following:

  • Assign a designated driver and ensure he/she doesn’t drink.
  • Organize a carpool to reduce the temptation of others to get behind the wheel.
  • Use rideshare services and taxis who will work through the night.
  • Call 911 if you spot a drunk driver.

Tips for Halloween Party Hosts

Private function hosts are liable for minors who consume alcohol on their premises and may lose their license as a result.

Although there is no legal requirement under Florida’s “social host” laws, hosts are advised to do their best to ensure nobody drives home while under the influence.

Get Legal Help

If you’ve suffered an injury due to a Halloween drunk driver, you may be entitled to substantial financial compensation.

Contact the professionals at SteinLaw to ensure your rights are protected following this type of accident.

Brandon Stein

Chief Executive Officer

Brandon Stein, the owner and founder of SteinLaw, is a Florida-based trial attorney who focuses on personal injury cases such as wrongful death, car accident, slip and fall, and a variety of other civil litigation areas. Being a former associate at a prominent Florida Defense Law Firm, Brandon Stein understands the strategy and tactics...[READ BIO]