Texas Dram Shop Law Attorney J. Gonzalez
by Benjamin Treviño | December 4th, 2025 | Blog, Lawsuit, News, Personal Injury
Who can be held liable for serving alcohol to a drunken driver who subsequently causes a crash?
Since 1987, the State of Texas has had a law on the books known as the Texas Dram Shop Law.
This law holds alcohol-serving establishments (like bars and restaurants) liable for any injuries or deaths their intoxicated customers cause to themselves or third parties.
Key Provisions of the Texas Dram Shop Law
To hold an establishment liable, the victim must prove it served or sold alcohol to a person who was either a minor or visibly intoxicated. Furthermore, the victim must prove that this intoxication was a proximate cause of the resulting injuries or damages. The law also applies to social hosts who provide alcohol to minors under 18.
If the victim dies, a claim or lawsuit may be brought by the deceased person’s immediate family. The same burdens of proof apply.
Liability of Establishments
Bars, restaurants, and stores can be held responsible for damages caused by their customers if they knowingly over-served them.
Proof of Over-Service
The injured party must prove the establishment served alcohol to a minor or a visibly intoxicated person, and this service of alcohol caused the injuries.
Examples of Violations
Violations include serving alcohol to a minor, serving someone who is visibly intoxicated, or allowing an intoxicated patron to leave the establishment.
Social Host Liability
Social hosts can be held liable if they provide alcohol to individuals under the age of 18. In this context, a social host is defined as someone who hosts a gathering at their private residence and commits one of the example violations listed above.
Statute of Limitations
There is a two-year statute of limitations for filing a dram shop claim in Texas.
Proving a Dram Shop Case
To build a successful claim, the plaintiff (victim or victim’s family) may need to gather evidence such as:
- Receipts for alcohol purchases
- Surveillance footage
- Witness statements
- Police reports
- Blood alcohol content (BAC) test results
- Medical records
- Accident scene photos or vide
Contact the J. Gonzalez Law Firm
The attorneys at the J. Gonzalez Law Firm are specialists who have extensive experience on Texas Dram Shop Law cases. Litigating these cases demands more than general legal knowledge. It requires an in-depth understanding of alcohol industry laws, and the complexities of seeking compensation.
Our team of highly professional and highly-knowledgeable attorneys have a proven track record of holding establishments accountable for their actions. In short, our clients get the justice they rightfully deserve.
If you, or someone you know has been impacted by a traffic accident that you believe is covered under the Texas Dram Shop Law, don’t navigate the aftermath without the right attorney by your side. Contact the J. Gonzalez law Firm. You can reach us 24/7 via this website or by calling 1-800-CAR-CRASH. Don’t delay. We’re ready to get to work for you right away.
One dead in McAllen crash, Mayor calls for stricter alcohol enforcement
By: Benjamin Treviño
A 25-year-old man was killed November 29 in McAllen after the vehicle he was riding in crashed into a stone fixture, and rolled over. The crash also injured several other passengers. Additionally, police have pending charges against the driver. Meanwhile the McAllen Mayor is calling for stricter alcohol enforcement in the city’s downtown bar district.
The crash happened about 2:08 a.m. at the intersection of Pecan Avenue and North Bicentennial Boulevard. McAllen Police Department Headquarters and a Texas DPS license renewal office are both located at that intersection.
McAllen Police stated in a news release that officers spoke with witnesses at the scene. Those witnesses told investigators that crash occurred when the Bronco struck a stone fixture off the roadway and rolled over, the report stated.
There were seven occupants in the vehicle whose injuries ranged in severity, and were 18 to 25 years of age.
The victim who died was identified as Jacob Rodriguez, age 25, of Edinburg.
Although police said “factors related to the crash remain under investigation,” investigators believe alcohol played a part in the collision and are investigating “severe criminal offenses, including felony charges and intoxication manslaughter.”
They identified the driver of the Bronco as 18-year-old Gabriela Nunez Garcia of McAllen, and said they will pursue criminal charges “against all persons that may be responsible in this collision, including the vehicle operator.”
Mayor’s Statement
Around midday following the crash, McAllen Mayor Javier Villalobos took to Facebook to share his concerns about the crash and called for aid from the Texas Alcoholic Beverage Commission to “intensify its enforcement presence and ensure that establishments operating in violation of the law are held accountable.”
“This morning, our community awoke to yet another tragic fatality tied to the 17th Street Entertainment District, minors, and drunk driving,” the mayor wrote. “Despite exercising the full extent of municipal authority, these repeated tragic incidents underscore a dangerous reality: current safeguards are insufficient, and the public’s safety is routinely and continuously compromised by operators and landowners who value profit over human life.”
Regarding additional measures, Villalobos said, “Given the limited resources and large territories assigned to TABC regional offices, local governments must also be empowered with stronger statutory authority to impose reasonable safeguards tailored to the unique challenges of entertainment districts.”
He further urged the agency to increase enforcement at bars enabling “underage drinking, (overserving), and unsafe practices.”
“Strengthen state law to allow municipalities to impose local safeguards — such as enhanced age verification requirements, limited hours, stricter permitting standards, curfews, and operational controls — without being preempted,” Villalobos continued, adding, “Impose stiffer penalties on operators and landowners who disregard public safety, including escalating fines, permit revocations, and civil liability for repeated violations.”
All this in a call to TABC to “stand with McAllen” and help “prevent further tragedies and restore public trust in our entertainment districts.”