A San Antonio bar employee was sentenced to prison on October 12, 2009 for his drunk driving accident that killed a motorcyclist. The drunk driver was an employee of the bar where he had been drinking. The drunk driver fled the accident scene but was captured a short time later. Court records show that a blood draw taken two hours later indicated that his blood alcohol level was more than twice the legal limit, or over .16.
The family of the deceased should investigate a possible civil suit for damages against the bar that overserved the drunk driver. The civil suit would be based upon the dram shop laws that allow an injured person or his family to bring a lawsuit against an establishment that overserved a customer alcohol. Experts in the field of alcohol intoxication have testified numerous times for this firm that everyone is obviously intoxicated at a .16 alcohol level. At a .16 alcohol level, which is double the legal limit, no one can hide their intoxication. Therefore, it is illegal and actionable to serve someone when they are at or above a .16 alcohol level.
Bringing a lawsuit against the bar or other establishment for over serving a drunk customer serves two purposes, it compensates the injured victim and their family and it sends a message to bars and restaurants that over-serving alcohol will not be tolerated in San Antonio.