New Texas DWI Task Force Addresses "Over-Serving" Issue

September 06, 2012

New Texas DWI Task Force Addresses "Over-Serving" Issue

An ongoing effort in Montgomery County, Texas, is trying to cut down on the number of DWI-related deaths. The impetus for the effort was a series of fatal, wrong-way accidents on Montgomery County roads in early July 2012. The DWI task forces, made up of local law enforcement, representatives from the county attorney's office, members of the Texas Department of Public Safety and agents of the Texas Alcoholic Beverage Commission, are trying a new tactic to keep drunk drivers off the road: stop the flow of alcohol right at the source.

The goal of the task force is to keep the roads safe and ensure that drunk drivers do not climb behind the wheel. There are a variety of ways in which the task force and other law enforcement and community activist organizations aim to do that:
-Educating the public about increased DWI enforcement by state and local police
-Keep a "community watch" presence on the roads who record video of alleged drunk drivers and alert authorities
-Ensure that bars, restaurants and lounges are not serving alcoholic beverages to anyone under the age of 21
-Remind the owners of bars, restaurants, lounges, pool halls and other establishments serving alcohol about the consequences of over-serving intoxicated patrons

What Is Considered "Over-Serving?"

The law is a bit vague on the issue of over-serving, but generally, the task force is trying to keep servers and business owners from continuing to sell alcohol to a patron who is already visibly intoxicated. An extreme example of the over-serving issue is the two drivers now facing intoxication manslaughter charges who allegedly caused the aforementioned fatal accidents earlier this year; reports indicate that each driver was served over 20 alcoholic beverages in a matter of hours before taking the wheel.

The consequences of over-serving are steep. Business owners, waiters/waitresses and bartenders found to be over-serving drunken patrons face criminal penalties including possible jail time and fines of up to $4,000. A business found to be repeatedly over-serving or whose over-serving led to an injury-causing accident could find its liquor license revoked and face other administrative action.

With such severe consequences at risk, if you are charged with DWI or are a server/establishment owner who allegedly over-served a patron, seek the counsel of a skilled criminal defense attorney. Having someone at your side who is familiar with both the criminal and administrative aspects of alcohol-related charges can make a huge difference in the outcome of your case.

Article provided by Law Offices of Gary Churak, P.C.
Visit us at www.garychuraklaw.com