Even as the DWI laws across the nation continue to get more and more stringent, many Texans are nonetheless surprised to hear that a Texas man is potentially facing criminal liability for buying drinks for a woman at a bar. The woman later left the bar, ostensibly after having too much to drink, and drove the wrong way on Interstate 45, crashing her vehicle into a couple and killing them. The question being asked by many Texans is whether the simple act of buying drinks for a stranger at a bar could soon become a crime. The man was identified through video cameras inside the bar.
Dram Shop Liability and Liability of Hosts
Texas has already mandated that bars can be held liable for continuing to serve customers who are intoxicated and who later cause an accident under a law known as the dram shop liability law. Further, hosting a simple party at a private residence can result in being held liable for injuries caused by a drunk driver who left the party intoxicated. Texas law requires that a social host must use discretion when serving guests who are already visibly intoxicated. Otherwise, the host’s actions could be considered reckless.
The Consequences of a DWI Conviction
Overall, Texas has harsher laws against driving while intoxicated than many other states. The truth is, however, that a significant number of those with DWI charges leveled against them are normal, decent people who made an error in judgment or are being wrongfully accused of a crime they did not commit. Because of the serious nature of the consequences of being convicted of a DWI, it can be in your best interests to consult with a Houston DWI attorney before making a decision which could affect the rest of your live. A drunk driving conviction can have a devastating impact on many areas of your life, not to mention taking away your freedom for a significant amount of time. You may have severe fines imposed, face a DWI license suspension, find yourself subjected to substantially higher insurance rates and may even lose your job—particularly if that job involves driving.
Finding the Flaws in Your DWI Case
In many cases, your Houston DWI attorney may be able to discover errors in the state’s case; perhaps your constitutional rights were violated when you were pulled over or at some point during your arrest. Breathalyzer tests are notoriously unreliable and a blood test may have been incorrectly performed. Field sobriety tests are notorious for being extremely subjective as well as vulnerable to a wide array of flaws. These tests are not scientific and are based almost entirely on the opinion of the officer administering the test.
Many people simply have poor balance which makes them unable to “pass” the field sobriety test even if they have had nothing at all to drink. Other times the field sobriety tests are administered on the side of a road, on uneven terrain, with no light other than a flashlight, and to a person who is scared, anxious, and may be wearing inappropriate shoes for the task. An experienced Houston drunk driving attorney will bring all these issues to light in your defense. In other words, even though you have been criminally charged with a DWI this does not mean a conviction is inevitable.