How to Stay Out of Jail on Super Bowl Sunday

Super Bowl LX is this Sunday, and whether you’re hosting a watch party, heading to a bar, or tailgating in Texas, one bad decision could land you in handcuffs. Every year, Super Bowl Sunday leads to a spike in arrests for DWI, assault, and other offenses across the Lone Star State. Here are six ways to stay out of jail on Super Bowl Sunday and what to know if you do get arrested.

Police departments across Texas ramp up patrols on Super Bowl Sunday, and you can expect a heavy law enforcement presence on the roads Sunday night. Alcohol-fueled celebrations can quickly lead to criminal charges that carry lasting consequences, including jail time, fines, a permanent criminal record, and even the loss of your driver’s license. The good news: a little planning goes a long way.

At Varghese Summersett, our criminal defense team includes Board Certified Criminal Law Specialists, former prosecutors, and trial lawyers who have secured more than 1,600 dismissals and 800 charge reductions. With four offices across Texas in Fort Worth, Dallas, Houston, and Southlake, and a team of more than 70 legal professionals, we defend people accused of every type of crime discussed in this article. If you’re arrested on Super Bowl Sunday or any other day, we are available 24/7 to take your call.

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What Are the Most Common Arrests on Super Bowl Sunday in Texas?

Super Bowl Sunday consistently ranks among the highest days for alcohol-related arrests in Texas. The most common charges include driving while intoxicated, assault bodily injury, disorderly conduct, marijuana possession, and solicitation of prostitution. The sections below break down each risk and explain the Texas laws behind them.

1. Have a Game Plan for Getting Home

If you plan to drink, do not drive. Line up a designated driver, use a rideshare app, or book a hotel room near the party. Texas roads are vast, and police will be out in full force looking for impaired drivers.

Texas is a “No Refusal” state year-round in many jurisdictions, which means if you are stopped on suspicion of DWI, officers can quickly obtain a warrant for a blood draw. If you are pulled over, remember that you have the right to remain silent and the right to decline field sobriety tests. Politely decline to answer questions and ask for a lawyer.

What Is DWI in Texas?

Under Texas Penal Code § 49.04, a person commits driving while intoxicated if they operate a motor vehicle in a public place while intoxicated. “Intoxicated” means having a blood alcohol concentration (BAC) of 0.08 or more, or lacking the normal use of mental or physical faculties due to alcohol, drugs, or a combination.

To convict you of DWI, the prosecution must prove beyond a reasonable doubt that you (1) operated a motor vehicle, (2) in a public place, (3) while intoxicated. The burden of proof is entirely on the State. You have no obligation to prove your innocence.

What Are the Penalties for DWI in Texas?

A first-time DWI is a Class B misdemeanor punishable by 72 hours to 180 days in jail and a fine up to $2,000. If your BAC was 0.15 or higher, the charge is enhanced to a Class A misdemeanor with up to one year in jail and a $4,000 fine. A second DWI carries up to one year in jail and a $4,000 fine. A third DWI is a third-degree felony with 2 to 10 years in prison and a $10,000 fine.

Beyond jail time, a DWI conviction triggers a driver’s license suspension, surcharges, potential ignition interlock device requirements, and a permanent mark on your criminal record. Don’t gamble with your future. Designate a sober driver before kickoff.

Varghese Summersett Case Results

Varghese Summersett has secured favorable outcomes across the types of charges most commonly associated with Super Bowl Sunday:

DWI Results

Charge	Location	Outcome
DWI	Tarrant County	Not Guilty (Jury Acquittal)
DWI	Tarrant County	Dismissed
DWI (BAC over 0.15)	Tarrant County	Dismissed
DWI (Felony Repetition)	Tarrant County	Dismissed
DWI (Misdemeanor Repetition)	Tarrant County	Dismissed
DWI	Tarrant County (Case No. 1845155)	Reduced to Obstruction of Highway, Deferred Adjudication (Attorney: Alex Thornton)

 

Talk to a Lawyer Before You Speak to Police. If you’re arrested for DWI, do not answer questions or agree to tests without legal advice. Call Varghese Summersett at (817) 203-2220 for a free consultation.

2. How Can You Avoid an Assault Charge on Game Day?

Football fans are passionate, and when alcohol flows freely, friendly trash talk can escalate into a physical altercation. What starts as bantering at a bar or house party can quickly turn into a brawl that leaves someone facing criminal charges.

What Is Assault in Texas?

Under Texas Penal Code § 22.01, a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another person. Even minor injuries, such as a scratch, bruise, or red mark, can support an assault charge.

The State must prove beyond a reasonable doubt that you caused bodily injury and that you acted intentionally, knowingly, or recklessly. Self-defense is an affirmative defense that can challenge these elements, but you must show that you reasonably believed force was immediately necessary to protect yourself.

What Are the Penalties for Assault in Texas?

Simple assault causing bodily injury is a Class A misdemeanor carrying up to one year in jail and a $4,000 fine. If the assault involves a family member or someone you are dating, a conviction can also trigger a federal firearms ban. If you display a weapon or cause serious injury, the charge can be elevated to aggravated assault, a second-degree felony punishable by 2 to 20 years in prison. Make the smart call. Walk away.

Our Recent Assault Results

Charge	Location	Outcome
Aggravated Assault with Deadly Weapon	Tarrant County (Case No. 1825757)	Dismissed (Attorney: Tiffany Burks)
Assault FM/HM with Previous Conviction	Tarrant County (Case No. 1839896)	Dismissed (Attorney: Alex Thornton)
Assault by Contact (Family Violence)	Watauga Municipal Court (Case No. W00088614)	Nolle Prosequi (Attorney: Alex Thornton)
Assault by Contact	Tarrant County	Reduced to Class C, Deferred Adjudication (Attorney: Audrey Hatcher)

The firm has also secured 43 dismissals in family violence assault cases and 28 dismissals or no-bills in aggravated assault cases.

3. Is Betting on the Super Bowl Illegal in Texas?

Yes. Despite a growing nationwide push to legalize sports wagering, Texas has not legalized sports betting. As of 2026, 39 states and Washington, D.C., allow legal sports betting. Texas is not one of them. Whether you’re placing a bet through an offshore website, a bookie, or a casual pool, you could be breaking Texas law.

The temptation has never been greater. According to The Atlantic, close to half of all American men between 18 and 49 now have an active online sports betting account. Sportsbook commercials now appear during NFL games more often than beer ads. Yet more than a third of U.S. adults, including all Texans, still cannot legally place a sports bet from home.

What About Prediction Markets?

Platforms like Kalshi, FanDuel, DraftKings, and others have launched prediction market products that allow users to wager on Super Bowl outcomes even in states where sports betting is banned. These platforms frame their products as trading contracts rather than traditional bets. Kalshi alone reportedly took in more than $167 million in wagers on the Super Bowl, and major sportsbooks have rushed to create similar offerings. Several states are now suing these platforms for operating what they argue are unlicensed sports betting operations.

Whether these platforms are legal in Texas is an open question. But under Texas law, the distinction between a “prediction market contract” and a “bet” may not matter. If you are wagering something of value on the outcome of a sporting event, you could face criminal charges regardless of what the platform calls itself.

What Does Texas Law Say About Gambling?

Under Texas Penal Code § 47.02, a person commits an offense if they make a bet on the partial or final result of a game or contest, or on the performance of a participant in a game or contest. The State must prove beyond a reasonable doubt that you placed a bet, meaning an agreement to win or lose something of value based solely or partially on chance.

A first offense is a Class C misdemeanor, which carries a fine up to $500 but no jail time. However, if you are caught gambling in a public place or if bets exceed certain thresholds, the charge can be enhanced. Promoting gambling or running a gambling operation is a more serious offense that can include prison time, heavy fines, and asset forfeiture.

4. Can You Be Arrested for Disorderly Conduct on Super Bowl Sunday?

Absolutely. Texas has a broad disorderly conduct statute that covers a wide range of unruly behavior, and Super Bowl celebrations frequently cross the line.

What Qualifies as Disorderly Conduct in Texas?

Under Texas Penal Code § 42.01, a person commits disorderly conduct if they use abusive, indecent, profane, or vulgar language in a public place that tends to incite an immediate breach of the peace. The statute also covers fighting, making unreasonable noise, discharging a firearm in public, and exposing one’s genitals or anus in a public place. So think twice before streaking after a touchdown.

Most disorderly conduct offenses are Class C misdemeanors punishable by a fine up to $500. However, discharging a firearm or displaying a firearm in a public place is a Class B misdemeanor carrying up to 180 days in jail and a $2,000 fine. The State must prove beyond a reasonable doubt that you committed one of the prohibited acts in a public place.

Protect Your Rights and Your Record. Even a Class C misdemeanor can show up on background checks and affect your employment. If you’re cited or arrested for disorderly conduct, a defense attorney can help you fight the charge or pursue a dismissal. Call (817) 203-2220.

5. Can You Be Arrested for Marijuana on Super Bowl Sunday?

Yes. While marijuana has been legalized in a growing number of states, Texas is not one of them. Possessing even a small, usable amount of marijuana remains a criminal offense in Texas.

What Does Texas Law Say About Marijuana Possession?

Under Texas Health and Safety Code § 481.121, it is illegal to knowingly or intentionally possess a usable quantity of marijuana. The State must prove beyond a reasonable doubt that you (1) knowingly or intentionally (2) possessed (3) a usable quantity of marijuana. “Possession” means actual care, custody, control, or management of the substance.

What Are the Penalties for Marijuana Possession?

The penalties depend on the amount. Two ounces or less is a Class B misdemeanor carrying up to 180 days in jail and a $2,000 fine. Between two and four ounces is a Class A misdemeanor with up to one year in jail and a $4,000 fine. Larger amounts can result in felony charges with years in prison.

Anyone convicted of marijuana possession in Texas faces an automatic six-month driver’s license suspension, regardless of whether the offense involved a vehicle. THC vape cartridges and edibles can be charged as a controlled substance under Health and Safety Code § 481.116, which carries much harsher penalties than marijuana flower, including felony charges even for small amounts.

Our Marijuana Possession Results

Charge	Outcome
Possession of Marijuana (under 2 oz.)	53 dismissals
Possession of Marijuana (2-4 oz.)	3 dismissals
Possession of Marijuana (4 oz. – 5 lbs.)	4 dismissals or no-bills

6. Are Prostitution Stings Common During the Super Bowl?

Yes. Super Bowl week is historically one of the biggest periods for law enforcement prostitution stings. It is not uncommon for officers to pose as sex workers, post fake online ads, or work undercover at hotels and bars to catch people soliciting sexual services.

What Is Solicitation of Prostitution in Texas?

Under Texas Penal Code § 43.021, a person commits the offense of solicitation of prostitution if they knowingly offer or agree to pay a fee to another person for the purpose of engaging in sexual conduct. The State must prove beyond a reasonable doubt that you offered or agreed to pay and that the purpose was sexual conduct.

What Are the Penalties for Solicitation?

Texas significantly increased penalties for solicitation in recent years. A first offense is now a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000. Repeat offenses and offenses involving minors or trafficking victims carry even harsher penalties, up to a first-degree felony. A conviction also requires sex offender registration in certain circumstances. The consequences are severe, and they follow you for life.

Recent Prostitution / Solicitation Results

Charge	Outcome
Prostitution	3 dismissed, 1 non-reporting deferred adjudication

These results reflect the range of outcomes our attorneys have achieved across the types of charges that spike on Super Bowl Sunday. Past results do not guarantee future outcomes.

What Should You Do If You’re Arrested on Super Bowl Sunday?

If you or a loved one ends up in handcuffs this Sunday, here are the steps you should take immediately.

First, exercise your right to remain silent. You are not required to answer questions from police beyond providing your name and identification. Anything you say can and will be used against you. Second, do not consent to searches. If police ask to search your vehicle, your person, or your belongings, you have the right to decline. Third, contact a criminal defense attorney as soon as possible. The earlier an attorney gets involved, the better your chances of a favorable outcome.

In Texas, the prosecution bears the burden of proving every element of a criminal offense beyond a reasonable doubt. You do not have to prove your innocence. A skilled defense attorney will hold the State to this high standard and fight to protect your rights at every stage of the process.

Don’t Wait. Get a Free Consultation. The sooner you have a lawyer on your side, the stronger your defense. Call Varghese Summersett now at (817) 203-2220.

What to Expect from Varghese Summersett

When you hire Varghese Summersett, you get a team that fights. Our criminal defense attorneys include Board Certified Criminal Law Specialists, former prosecutors who know how the other side thinks, and trial lawyers who are not afraid to take your case to a jury.

With more than 1,600 dismissals, 800 charge reductions, and more than 100 years of combined legal experience, we have the track record to back up our reputation. Our firm has more than 70 legal professionals across four Texas offices in Fort Worth, Dallas, Houston, and Southlake. We handle every type of criminal case, from misdemeanor DWI and disorderly conduct to serious felonies.

From the moment you call, you’ll speak with a knowledgeable team member who can answer your questions and explain the process. We investigate every case thoroughly, challenge the State’s evidence, and pursue the best possible outcome, whether that means a dismissal, reduction, acquittal, or favorable plea.

Award-Winning Legal Excellence

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Frequently Asked Questions About Super Bowl Sunday Arrests in Texas

Can you go to jail for a first-time DWI in Texas?

Yes. A first-time DWI is a Class B misdemeanor in Texas, which carries a minimum of 72 hours and up to 180 days in jail, a fine up to $2,000, and a driver’s license suspension of up to one year. If your BAC was 0.15 or higher, the penalties increase to up to one year in jail and a $4,000 fine.

Is sports betting legal in Texas in 2026?

No. Sports betting remains illegal in Texas as of 2026. Under Texas Penal Code § 47.02, placing a bet on the outcome of a sporting event is a Class C misdemeanor. Although prediction market platforms like Kalshi now let users wager on games even in states where betting is banned, the legality of these platforms in Texas is uncertain. Under Texas law, wagering something of value on a sporting event’s outcome could still result in criminal charges regardless of what the platform calls the transaction.

What should you do if you’re arrested on Super Bowl Sunday?

Stay calm, exercise your right to remain silent, do not consent to searches, and contact a criminal defense attorney immediately. The earlier a lawyer gets involved in your case, the more options you may have for defending against the charges.

Can a DWI be dismissed in Texas?

Yes. DWI charges can be dismissed for a variety of reasons, including lack of probable cause for the traffic stop, improper administration of field sobriety tests, issues with breath or blood test procedures, and violations of your constitutional rights. An experienced DWI attorney will review every aspect of your case to identify potential defenses.

What is the penalty for marijuana possession in Texas?

Possessing two ounces or less of marijuana is a Class B misdemeanor punishable by up to 180 days in jail, a $2,000 fine, and an automatic six-month driver’s license suspension. THC vape cartridges and edibles are charged as controlled substances, which can result in felony charges even for small amounts.

If you live in Fort Worth, Dallas, Denton, Houston, or the surrounding areas, save our number now: (817) 203-2220. You can also reach us online. We are available around the clock to take your call. Enjoy the game, stay safe, and make smart decisions this Super Bowl Sunday.