Baseball season in Houston is an exciting time. Whether you are a lifelong Astros fan or someone who enjoys the experience of catching a game at Minute Maid Park, the energy, food, and social atmosphere make game day an event to look forward to. For residents of Conroe and The Woodlands, heading into downtown Houston for a game is a fun outing that often includes friends, hopefully a “W,” and yes, a few drinks.
But as much as game day can be a celebration, it is also a time when many people unintentionally put themselves at risk of a DWI arrest. A night out watching the Astros can quickly turn into a serious legal situation if you are not careful about your alcohol intake before getting behind the wheel.
Driving While Intoxicated (DWI) in Texas is a criminal offense that can result in arrest, fines, license suspension, and even jail time. The law applies no differently on game days, and law enforcement agencies across the Houston area often increase patrols during large sporting events. If you are planning to drive to and from the ballpark, it is important to understand the risks, know your limits, and take steps to avoid a DWI charge.
The Reality of DWI Enforcement Around Astros Games
Minute Maid Park is located in downtown Houston, which means thousands of fans converge in a densely populated area with heavy traffic, active nightlife, and a strong law enforcement presence. Police know that sports events often involve alcohol, and they respond accordingly. You are likely to encounter heightened DWI patrols on the highways and surface streets leading away from the stadium. Sobriety checkpoints are not allowed in Texas, but officers actively look for signs of impairment such as swerving, speeding, or delayed reactions.
For those driving back to Conroe or The Woodlands, the trip can be more than an hour depending on traffic. Even if you feel fine when you leave the stadium, the long drive home gives law enforcement ample opportunity to observe driving behavior. A broken taillight, rolling through a stop sign, or veering slightly within your lane may be enough to justify a traffic stop. If the officer suspects alcohol consumption, that stop can escalate quickly.
Understanding Texas DWI Laws
In Texas, a person is legally intoxicated and may be charged with DWI if they have a blood alcohol concentration (BAC) of 0.08 percent or higher. However, drivers can be arrested even with a lower BAC if the officer believes the alcohol has impaired their ability to operate a vehicle safely.
A first-time DWI is typically charged as a Class B misdemeanor, punishable by:
-
A fine of up to $2,000
-
A jail sentence of up to 180 days
-
A driver’s license suspension for up to one year
-
A surcharge to retain driving privileges
If your BAC is 0.15 percent or higher, the charge can be enhanced to a Class A misdemeanor with more severe penalties. Aggravating factors such as having a child passenger, causing an accident, or having prior DWI convictions can increase the severity of the charge.
Open Containers and Other Risks on Game Day
Many Astros fans enjoy a drink or two before the game in the parking lot or in nearby establishments. Tailgating is a tradition for many, but it can also lead to open container violations. In Texas, it is illegal to have an open container of alcohol in the passenger area of a vehicle. If you are pulled over and police find an open bottle or can, even if it is empty, you can be cited. If you are also arrested for DWI, the presence of an open container triggers a mandatory minimum jail sentence of six days upon conviction.
It is also important to remember that a DWI charge does not require that you be over the legal limit. Officers base arrests on a combination of field sobriety tests, breath or blood tests, and their own observations. Refusing to submit to testing can result in an automatic license suspension under Texas implied consent laws.
Tips for Avoiding a DWI After an Astros Game
The good news is that with a little planning, you can enjoy the game without risking a run-in with law enforcement. Here are several steps you can take to stay safe and legal:
1. Designate a Driver
The most reliable way to avoid a DWI is to have a sober driver. Decide in advance who in your group will abstain from alcohol and take responsibility for getting everyone home safely.
2. Use Ride Services
Rideshare services like Uber and Lyft are widely available in Houston and often offer special pick-up and drop-off zones near Minute Maid Park. Yes, the ride may take some time due to traffic, but it is far cheaper and safer than a DWI arrest.
3. Stay Overnight
If you plan to drink during or after the game, consider booking a hotel room in downtown Houston. This is a popular option for fans who want to make a weekend of it or avoid the hassle of driving late at night.
4. Monitor Your Alcohol Intake
Know your limits and pace yourself if you choose to drink. Keep in mind that alcohol affects everyone differently, and other factors like body weight, food intake, and fatigue can influence your BAC.
5. Avoid Open Containers in Your Vehicle
Do not leave partially consumed drinks in your car. Store any unopened alcohol in the trunk, not in the passenger area. If you tailgate before the game, be sure everything is properly discarded before heading out.
What to Do if You Are Pulled Over
If you are stopped by police after leaving the game, stay calm and respectful. Provide your license, registration, and insurance when requested. You are not required to answer questions about whether you have been drinking. If the officer asks you to step out of the vehicle for field sobriety testing, comply calmly. If you are arrested, do not resist or argue. Instead, contact a DWI attorney as soon as possible to begin building your defense.
Do not try to talk your way out of the situation. Anything you say can be used against you in court. The best thing you can do is cooperate without incriminating yourself and wait to speak with legal counsel.
How a DWI Conviction Can Affect Your Life
A DWI conviction does more than result in fines and possible jail time. It can impact your job, your insurance premiums, your ability to travel, and your reputation. You may be required to install an ignition interlock device, attend alcohol education classes, or serve community service. The conviction will also appear on your criminal record, which can have lasting consequences.
For many people in Montgomery County, a trip to see the Astros is a way to unwind and enjoy time with friends or family. No one heads into a game expecting to leave in the back of a police car. But failing to take DWI laws seriously can result in exactly that outcome.
Conclusion
At GCH Lawyers, we help clients across Montgomery County—including Conroe and The Woodlands—navigate the complex and high-stakes challenges of DWI defense, including arrests that happen after major events like Astros games. Whether you are facing a first-time DWI or dealing with aggravating circumstances like open containers or high BAC levels, our experienced legal team is committed to protecting your rights and helping you fight for the best possible outcome.
📞 Contact us today to schedule a confidential consultation and get the knowledgeable guidance you need to move forward with confidence and clarity.
