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As a criminal defense attorney in the Lone Star State, I see the same thing every February: what starts as “roses are red” ends with a “blue and red” flashing light in the rearview mirror.
Valentine’s Day is a high-stakes holiday. Between the pressure of grand romantic gestures and the sting of being newly single, emotions run hot—and in Texas, the law doesn’t make exceptions for “matters of the heart.” If you want to keep your celebration in a candlelit restaurant and out of a county jail cell, here is your legal survival guide.
The “One Drink Too Many” Trap (DWI & PI)
Texas law enforcement doesn’t take a night off for Cupid. In fact, many jurisdictions increase patrols on February 14th specifically to look for impaired drivers.
- The DWI Reality: In Texas, you are legally intoxicated if your blood alcohol concentration (BAC) hits 0.08%. However, under Texas Penal Code § 49.04, you can still be arrested if you have lost the “normal use of mental or physical faculties”—regardless of your BAC.
- Public Intoxication (PI): Planning to walk or take an Uber? Good. But remember Texas Penal Code § 49.02. If you are in public and intoxicated to the degree that you may “endanger yourself or others,” you can still be arrested for Public Intoxication.
- Attorney Tip: If you’re pulled over, you have the right to remain silent.
Grand Gestures vs. Stalking & Trespassing
In the movies, showing up uninvited at an ex’s window with a boombox is romantic. In Texas, it’s a great way to get a Criminal Trespass or Stalking charge.
- Stalking (§ 42.072): This is a third-degree felony in Texas. If you engage in conduct on more than one occasion that you know will cause a reasonable person to feel harassed, annoyed, or offended, you’re in the danger zone.
- Protective Orders: If there is a “No Contact” order in place, do not send flowers. Do not “just check in.” A violation of a protective order is an immediate, non-negotiable arrest.
- Attorney Tip: If they haven’t texted you back in 24 hours, put the phone down. “Winning them back” isn’t worth a permanent record.
The Digital “Landmine”: Unsolicited Content
If you’re using dating apps like Bumble or Tinder to find a last-minute date, be aware of Texas House Bill 2789.
Texas recently made it a crime to send unsolicited explicit images (the “anti-flashing” law). Sending an intimate photo without the recipient’s express consent is a Class C misdemeanor. If you do it repeatedly, the penalties can escalate.
- Attorney Tip: Consent must be clear. “Assume they want it” is a losing legal strategy.
Consent and the “Sober Yes”
Valentine’s Day often involves a lot of “liquid courage.” In Texas, a person cannot legally give consent to sexual activity if they are incapacitated by drugs or alcohol.
- The Law: If a person is unable to understand the nature of the act due to intoxication, any sexual contact can be prosecuted as Sexual Assault—a second-degree felony.
- Attorney Tip: If there is any doubt about your partner’s sobriety or willingness, the only legal (and moral) move is to wait.
The “Golden Rule” for the Night
If you do find yourself in a confrontation or being questioned by the police:
- Be Polite: Arguing with a Texas Deputy or Officer on the side of the road never results in an un-arrest.
- Stay Silent: You do not have to “explain your side” or “tell them what happened.”
- Call Counsel: The moment the handcuffs come out, your next words should be: “I want to speak to my lawyer.”
Have a safe, happy, and legally uneventful Valentine’s Day. Let’s keep your name off my desk this year. However, if you find yourself in trouble, Cupid will not stop us from fighting for your rights. Call us at 972-424-0760 or go to edgettlawfirm.com/contact
