When drinking this holiday, know how to protect yourself from a DWI and social liability.
The holidays are officially upon us, and that means more people are going to be visiting with friends and family and perhaps enjoying a few drinks along the way. Of course, there is nothing wrong with celebrating with a few cocktails, but it is important that you know how to protect yourself while enjoying them. In Texas, this means two things. Protecting yourself from facing DWI charges and from social liability.
How to Avoid a DWI This Holiday
When thinking about holiday drinking, it makes sense that most people think about protecting themselves against DWI charges. It is true that these charges do increase around the holidays, and that it is extremely important to ensure that your holidays are not ruined by a DWI. Following the below tips can help you avoid a DWI:
- Do not drink and drive: This is an easy rule to follow. If you are going to drink, the best plan is to designate a driver, take a taxi or Uber, or use public transportation to get home.
- Stay under the legal limit: There is nothing wrong with going to a holiday party and having a drink or two. However, you must ensure you stay under the legal limit as set out by Texas law. To do this, only have one drink per hour, have a glass of water for every alcoholic beverage, and make sure you eat before or while you drink.
- Drive safely: Unfortunately, some police officers will charge you with a DWI even when you are not impaired. To reduce the chance of this happening, do not give them any reason to think you are above the legal limit. Drive safely, obey all traffic laws, and do not text while driving.
Following the above tips should keep you safe from a DWI this holiday season.
How to Avoid Social Liability This Holiday
Going out and having a few cocktails is not the only time people have a few drinks over the holidays. Many holiday parties take place right in the home. If you are hosting a holiday party this year and you will be serving cocktails with children present, it is important to know how to protect yourself from social liability.
The Alcoholic Beverage Code in Texas states that social hosts can be held liable if they are over the age of 21 and they provide alcohol to a minor under the age of 18. To be liable, the social host cannot be the minor’s parent and must knowingly serve alcohol to the minor or allow the minor to drink while on the property.
When social hosts allow minor children to drink while on their property, even if they do not specifically give the child the drink, they can be held liable if that child causes an accident. As such, when serving alcohol at a party where minors are present, make sure the alcohol is only accessible to the host, and keep an eye on children at all times.
Facing Charges? Call Our Travis County Criminal Defense Attorney
There is a reason that charges related to alcohol increase around this time of year. It happens very easily, even to individuals who are innocent. If you have been charged with a DWI or under Texas’ dram shop liability laws, it is important to speak to an Austin criminal defense attorney right away. At Granger and Mueller, PC, we have the experience necessary to effectively defend against these charges and help you retain your freedom. Call us today at (512) 474-9999 or contact us online to schedule a meeting with one of our attorneys.