Can you serve a drunk alcohol in Texas?

Question

If a TABC certified bartender believes someone is inebriated, can they serve them alcohol in Texas? To what degree are you criminally and civilly liable for this transaction?

• If the patron gets in a wreck while intoxicated do you share civil liability?
• If the patron gets in a wreck while intoxicated and kills someone, are you criminally liable?
• If the patron does nothing criminal while intoxicated, is there anyway you can be held liable for merely serving?

And lastly,

• If the patron orders enough alcohol to get recklessly intoxicated but does so while totally sober and capable of consenting (such as ordering 5 shots), are you liable?

Answer 1

If the patron gets in a wreck while intoxicated do you share civil liability?

Yes, Alcoholic Beverage Code Section 2.02 creates a cause of action for this exact situation.

If the patron gets in a wreck while intoxicated and kills someone, are you criminally liable?

You are criminally liable just for serving them, see below. I don't know whether there are additional charges possible if death results.

If the patron does nothing criminal while intoxicated, is there anyway you can be held liable for merely serving?

Yes, you are in violation of Alcoholic Beverage Code Section 101.63, a misdemeanor punishable by a fine of $100-$500 and up to one year in jail. On a second offense, the fine increases to $500-$1000.

You may also have your TABC Seller-Server Certificate revoked.

If the patron orders enough alcohol to get recklessly intoxicated but does so while totally sober and capable of consenting (such as ordering 5 shots), are you liable?

I have not yet been able to find an answer to this.