Is It Illegal to Get Someone Drunk?

Alcohol is a common part of social gatherings, but encouraging someone to drink excessively can lead to legal and ethical issues. In this blog, we explore the legality of getting someone drunk, what the laws say, and the risks involved.

Is It Illegal to Encourage Someone to Get Drunk?

While offering alcohol to someone of legal age is not usually illegal, things can change if excessive drinking leads to harm. If someone you encourage to drink causes an accident or gets into legal trouble, you could face consequences, especially in states with strict laws like Texas.

Texas Alcohol Laws: Two Main Categories

Texas alcohol laws can be broken up into two distinct categories:

1. Laws Affecting People Under 21

• Zero Tolerance for Underage Drinking and Driving
  Under Texas Transportation Code § 524.011, Texas has a strict zero-tolerance policy for individuals under 21 driving with any detectable alcohol in their system. Penalties for such offenses may include fines, community service, mandatory alcohol awareness courses, and license suspension. These measures are designed to discourage underage drinking and driving, prioritizing public safety.

• Possession of Alcohol by a Minor
  According to Texas Alcoholic Beverage Code § 106.05, it is illegal for anyone under 21 to possess alcohol. If a minor is caught, they may be charged with a Class C misdemeanor, which can include fines and community service. This law reflects Texas’s commitment to preventing underage alcohol consumption.

• Underage Drinking and Driving
  Texas enforces strict penalties for minors found driving with any detectable alcohol in their system. As specified in Texas Alcoholic Beverage Code § 106.041, consequences can include license suspension and required alcohol education courses.

2. Laws Affecting Everyone

• Public Intoxication
  Under Texas Penal Code § 49.02, it is illegal to be visibly intoxicated in public. Offenders may face misdemeanor charges, and repeat offenses can lead to increased penalties. This law aims to reduce public disturbances and the potential for harm associated with intoxicated behavior in public places.

• Driving While Intoxicated (DWI)
  Texas penalizes individuals found operating a vehicle under the influence of alcohol. As outlined in Texas Penal Code § 49.04, DWI offenses can result in significant fines, license suspension, and possible jail time, depending on the severity and number of offenses.

• Supplying Alcohol to Minors
  It is unlawful to provide alcohol to individuals under 21, as stated in Texas Alcoholic Beverage Code § 106.06. Violations may lead to legal repercussions, reinforcing Texas’s dedication to protecting minors

Dram Shop Law

The Dram Shop Act (Texas Alcoholic Beverage Code § 2.02) holds businesses and social hosts accountable if they serve alcohol to an obviously intoxicated person who subsequently causes harm. A dram shop lawyer can provide guidance in cases of liability, emphasizing the importance of responsible alcohol service to prevent harm.

Public Intoxication: Is It a Crime?

Yes, public intoxication is a crime. In states like Texas, it is classified as a misdemeanor, often leading to fines or even jail time for repeat offenses. Beyond legal consequences, public intoxication can present a serious risk of injury, not only to the intoxicated individual but also to those around them.

When someone is excessively drunk in public, they may engage in behavior that could lead to accidents or even physical altercations, putting themselves and others in harm’s way. This increased risk of injury is a key reason why public intoxication laws are enforced. In cases where individuals frequently engage in public intoxication, the penalties escalate to discourage repeat offenses and to protect public safety.

In summary, public intoxication is a criminal offense with potentially serious implications, especially given the associated risks of injury and harm.

What Crimes Are Commonly Linked to Alcohol and Injuries?

Alcohol-related crimes are often connected to situations involving physical harm and injuries. Drunk driving is one of the most frequent alcohol-linked offenses, posing a serious risk to both drivers and others on the road. When individuals drive under the influence, impaired judgment and slowed reflexes increase the likelihood of accidents that can cause severe injuries or fatalities. 

Other alcohol-related crimes, such as assault, domestic violence, and property damage, may also involve physical harm. Alcohol’s impact on judgment and self-control can escalate situations to dangerous or violent outcomes, resulting in injury to others.

Types of Drunk Driving Offenses and Injury Risks

Drunk driving offenses encompass a range of impairments and scenarios, each presenting distinct risks for severe injuries to both the driver and others on the road. Key types of offenses and associated injury risks include:

DUI/DWI

Driving under the influence (DUI) or driving while intoxicated (DWI) includes both first-time and repeat offenses. The risk of injury increases with higher levels of intoxication, as impaired motor skills, delayed reaction times, and impaired judgment make accidents more likely. Collisions involving DUI/DWI often result in severe physical trauma, including fractures, spinal injuries, and traumatic brain injuries (TBI), which can have lasting effects on a person’s health and quality of life.

Aggravated DUI

An aggravated DUI typically applies when a driver operates a vehicle with a significantly high blood alcohol concentration (BAC) — often 0.15% or higher — or when minors are present in the vehicle. The heightened level of impairment in these cases increases the likelihood of high-speed, violent crashes. Due to these factors, the risk of severe or life-threatening injuries, such as broken bones, organ damage, or brain trauma, is substantially higher. Aggravated DUIs carry more severe penalties because of this elevated potential for harm to others.

Felony DUI

When a DUI incident results in serious bodily harm or death, the charge can escalate to a felony. This can occur after a high-speed collision or a multi-vehicle accident, where the level of impact often causes catastrophic injuries. Victims may suffer from traumatic brain injuries, internal bleeding, spinal cord injuries that can lead to paralysis, and severe fractures. The legal and financial penalties for felony DUI are severe, reflecting the lasting impact on the victims and their families.

Underage DUI

In states with zero-tolerance policies, such as Texas, underage drivers with any detectable level of alcohol in their system can face DUI charges. Young drivers may lack experience handling impaired driving situations, increasing the chance of accidents and injuries. Although underage DUI incidents may not always involve extremely high BAC levels, the lack of experience and impaired judgment can still lead to injuries like whiplash, fractures, or concussions. These laws aim to deter risky behaviors and reduce the potential for serious injury among young drivers and others on the road.

Drunk driving incidents are a leading cause of trauma-related injuries, from broken bones to permanent brain damage, underscoring the importance of strict legal consequences and preventive measures for impaired driving.

Example: Real-Life Case in Texas

The “Affluenza Teen” case from Texas gained national attention in 2013. Ethan Couch, a 16-year-old, killed four people in a drunk driving accident after attending a party where alcohol was provided. His defense argued that his wealthy upbringing led to irresponsible behavior. This case illustrates the severe consequences of allowing minors to drink and the legal complications that can follow.

Conclusion

While it may not always be illegal to get someone drunk, it can lead to serious consequences if their intoxication results in harm or criminal activity. Understanding the Texas state alcohol laws, especially when it comes to underage drinking and public intoxication, can help you avoid legal trouble. Stay informed and act responsibly when offering alcohol to others.

For more information, refer to the infographic and video included in this post, which explain Texas alcohol laws and drunk driving offenses in greater detail.

Warning:

If you’ve been injured by a drunk driver, don’t make the mistake of handling it alone. Insurance companies will do everything they can to minimize your claim, leaving you with unpaid bills and insufficient compensation. You need an experienced lawyer on your side to ensure the drunk driver is held accountable and that you receive the maximum settlement for your injuries, lost wages, and pain.

At Mokaram Injury Lawyers, we specialize in drunk driving accident cases. Let us fight for your rights and secure the compensation you need. Contact us today for a free consultation!