Laws relevant to car accidents differ across states, which is why a San Antonio car accident lawyer who understands Texas laws and San Antonio experiences can be invaluable. Here are a couple of laws to know about in Texas:
In 2019, 25% of fatalities due to vehicle traffic crashes involved a driver under the influence of alcohol. This percentage is a significant portion of car accidents, and Texas has specific laws governing drunk driving that are important to understand.
Zero Tolerance Policy. Texas has a zero-tolerance policy for alcohol in a minor-age driver (under 21). It means that any detectable amount of alcohol is illegal for a driver who is under 21. The driver does not need to be at the legal limit of blood alcohol content or be legally impaired by alcohol to be charged with driving under the influence (DUI).
DUI vs. DWI. People sometimes use the terms “driving under the influence” (DUI) and “driving while intoxicated” (DWI) interchangeably, but they don’t mean the same thing in Texas. The state separates the two, primarily by who the police can charge with what. DUIs are only for minors, while DWIs can be given to anyone of any age.
Dram shop laws. Texas’ dram shop laws allow you to hold people other than the drunk driver accountable for their negligence in allowing the drunk driver to get behind the wheel. For example, suppose a bartender decides to continue serving alcohol to a visibly intoxicated patron. They can be charged under the dram shop laws if that person then gets into a car accident. Another example might be a driver’s friend who could stop the driver from driving but instead allowed the driver to get in the car. There are many requirements to prove that a bartender or friend of the driver should be held responsible for the drunk driver. An experienced car accident lawyer in San Antonio can help investigate the nuances of your drunk driving accident case and determine if something like the dram shop law is worth pursuing.
Social host liability. Social host liability is similar to the dram shop laws but different in a crucial way: it applies specifically to somebody who provided alcohol without payment. Instead of applying to a business that sold alcohol, this might hold a party host who served alcohol responsible for a drunk driver’s actions. Typically, a social host in Texas is not liable for the actions of adults they served alcohol to. Social host liability more commonly comes into play for DUI cases where an adult gave alcohol to a minor.