Mazzola Law Firm

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(409) 898-0690Call Visit WebsiteVisit Website Map & DirectionsDirections505 W Lucas DrBeaumont, TX 77706 Write a ReviewWrite Review

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Mazzola Law Firm

Criminal Law

DUI/DWI
Legislative Purpose of the Dram Shop Act. — Texas Alcoholic Beverage Commission (TABC) section 1.03 provides that the express public policy of the Alcoholic Beverage Code is “the protection of the welfare, health, peace, temperance, and safety of the people of the state of Texas.” Indeed, the following arguments (in support of First-Party dram shop claims) are in keeping with said public policy considerations: 1) If a tavern or other establishment can be held liable for the injuries or death resulting from an accident caused by the drunk driving of an over-served patron, the owners and operators of the establishment will likely be more diligent in ensuring that individuals are not served alcohol after they have become visibly intoxicated. 2) The tavern or establishment serving alcohol is in the best position to prevent a person from driving while under the influence and will be more likely to do so if there are significant potential financial consequences for failing to act. 3) To those that disagree with Texas liquor liability laws based on the premise that an alcohol-serving establishment should not be held responsible for an adult’s personal decision to continue consuming alcohol past the point of intoxication, it is important to remember that a drunk individual is actually NOT in a state of mind to be making decisions, especially one that can and does involve the safety of the general public. How many times have you seen someone confronted about having drank too much admit to such and readily give up their keys? As such, it makes sense that the responsibility for public safety fall squarely onto the shoulders of the entity with the ability to decide whether or not to continue serving alcohol to an individual after that individual has become a danger to themselves or the general public at large.

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