Legal Question in DUI Law in Texas

Re: Intoxicated Manslaughter

The issue you present has been litigated many, many times, and there are no simple answers. The statute you refer to is called the Dram Shop Act. An excerpt from a recent case:

Appellant sued 20801 under the Dram Shop Act.(fn2) See Tex. Alco. Bev. Code Ann. '' 2.01, 2.03 (Vernon 2005); ' 2.02 (Vernon Supp. 2005); Smith v. Sewell, 858 S.W.2d 350, 359 n.1 (Tex. 1993) (Chapter 2 of the Texas Alcoholic Beverage Code is commonly known as the "Dram Shop Act"). Appellant alleged that 20801, its agents, servants, and employees were negligent in that "they provided, supplied, sponsored, encouraged, served and/or sold intoxicating alcoholic beverages and liquor to appellant and Griffin when they knew or should have known that they had become obviously intoxicated to such a degree as to present a clear danger to themselves and others, and such intoxication was a proximate cause of the damages suffered by appellant."