The Texas Dram Shop Act is legislation that can directly impact DWI cases. The term “dram shop” refers to any establishment that sells alcoholic beverages, such as bars, restaurants, and nightclubs.
Under Texas Alcoholic Beverage Code Chapter 2, the Dram Shop Act holds alcohol-serving establishments liable if they serve alcohol to an obviously intoxicated person who subsequently causes harm to themselves or others. This law can significantly influence the outcomes of DWI cases by shifting liability from the individual driver to the establishment that served them.
If you were arrested for Driving While Intoxicated and you believe it wasn’t your fault, call our law offices to schedule a consultation to review your case. Galveston DWI Lawyer Tad Nelson has multiple decades of experience defending people charged with DUI & DWI offenses in Galveston County.
To get started, give us a call at 409-904-0075.
Overview of The Dram Shop Act
The Dram Shop Act enables third-party victims of drunk driving incidents to sue the alcohol-serving establishment for compensation. To have a successful claim under the Dram Shop Act, plaintiffs must prove two primary elements:
- The establishment served alcohol to a person who was visibly intoxicated.
- The intoxication was a proximate cause of the damages suffered.
Proving visible intoxication can be challenging. This type of proof requires substantial evidence such as eyewitness testimonies, surveillance footage, and expert opinions. The Texas Alcoholic Beverage Code provides rules for these claims. It also emphasizes the responsibility of establishments to prevent over-serving patrons.
Interplay with DWI Defense Strategies
For Galveston DWI defense attorneys, the Dram Shop Act introduces an additional dimension to case strategy. Defendants in drunk driving cases can potentially shift some or all of the blame to the establishment that served them by arguing that their intoxication was exacerbated by negligent over-serving.
This type of defense strategy can mean a more favorable outcome for the accused in the form of reduced charges or mitigated penalties.
Galveston DWI Attorneys Tad Nelson and Amber Spurlock of Tad Nelson & Associates have extensive experience in criminal court settings. We’re well aware of best practices when citing the Dram Shop Act in DWI defenses.
Our background as ACS/CHAL Lawyer-Scientists gives us the scientific acumen to dissect evidence related to intoxication levels and alcohol absorption rates. This data can be a huge factor in the outcome of these cases.
Challenges and Legal Nuances
Establishments often defend themselves by disputing claims of visible intoxication or arguing that their actions were not the proximate cause of the incident. Defenses that cite the Dram Shop Act necessitate a meticulous approach that has a combination of legal expertise, thorough evidence collection, and presentation.
Galveston DWI Lawyers Tad Nelson and Amber Spurlock excel in this arena. Mr. Nelson is a pro at leveraging his Board Certification in criminal law with his scientific expertise to challenge opposing arguments effectively.
Sometimes, we’ll even collaborate with forensic experts, toxicologists, and investigators to build a compelling case to defend you.
Local News and Public Awareness
Public awareness of the Dram Shop Act is crucial for both establishments and their patrons. Recent news coverage in Texas has highlighted several high-profile cases where bars faced substantial penalties for violating the Act. These cases serve as a stark reminder to establishments of their legal obligations and the potential consequences of negligence.
For instance, a Houston-area bar recently made headlines when it was sued under the Dram Shop Act after a patron caused a fatal accident. The lawsuit alleged that the bar continued serving the customer despite clear signs of intoxication.
Practical Advice for Establishments
For alcohol-serving establishments, understanding and complying with the Dram Shop Act is part of the business. Implementing training programs for staff to recognize signs of intoxication, establishing clear policies for refusing service, and maintaining accurate records of alcohol sales are a good start.
Additionally, establishments should stay informed about legal developments and court rulings related to the Dram Shop Act to ensure compliance with the law while mitigating potential risks.
Facing Drunk Driving Charges in Galveston?
Protect Yourself! Call Galveston DWI Lawyer Tad Nelson Today!
The impact of Texas’ Dram Shop Laws on DWI cases cannot be overstated. These laws force accountability for alcohol-serving establishments. Often, Dram Shop laws shape the landscape of DWI defense and victim compensation.
Attorneys Tad Nelson and Amber Spurlock of Tad Nelson & Associates are ready to talk with you about your case. If you’re interested in avoiding a conviction, we can help with that.
Our law firm is based in Galveston County with law office locations in Houston & League City. We provide free case reviews, flexible payment plans, and affordable legal representation. To get started, call us any time at 409-904-0075.
