Auto Accidents

Drunk-Driver Crashes and Dram Shop Claims in Texas

A plain-language guide to the Texas Alcoholic Beverage Code rules on claims against a person or business that sold or served alcohol to someone who later caused a crash.

6 min readPublished October 20, 2026Last updated October 21, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

When a crash involves a driver who had been drinking, Texas law recognizes a claim against the person who drank and, in some circumstances, a statutory "dram shop" claim against the person or business that sold or served the alcohol (Alco. Bev. Code §2.02). A dram shop claim requires proof that it was apparent to the provider that the person was obviously intoxicated to the extent of presenting a clear danger to himself and others, and that the intoxication was a proximate cause of the damages. Chapter 2 is the exclusive remedy against providers (§2.03), with a separate rule for adults who provide alcohol to minors under 18 (§2.02(c)).

Introduction

When a crash involves a driver who had been drinking, Texas law recognizes two kinds of claims that can be part of the picture: a claim against the person who drank, and, in some circumstances, a statutory claim against the person or business that sold or served the alcohol. The second kind is known as a "dram shop" claim. This guide explains what chapter 2 of the Texas Alcoholic Beverage Code says about both.

This article provides general informational guidance and is not legal advice.

A Claim Against the Person Who Drank

Chapter 2 does not affect the right of any person to bring a common law cause of action against an individual whose consumption of an alcoholic beverage allegedly caused that person to suffer personal injury or property damage (Alco. Bev. Code §2.02(a)).

Who Is a "Provider"

Chapter 2 calls the person or business that sold or served the alcohol a "provider." A provider is a person who sells or serves an alcoholic beverage under the authority of a license or permit issued under the Alcoholic Beverage Code, or who otherwise sells an alcoholic beverage to an individual. "Provision" includes, but is not limited to, the sale or service of an alcoholic beverage (§2.01).

What a Dram Shop Claim Requires

Under §2.02(b), providing, selling or serving an alcoholic beverage may be made the basis of a statutory cause of action under chapter 2 upon proof of two things:

The "obviously intoxicated" standard. At the time the provision occurred, it was apparent to the provider that the individual being sold, served or provided with an alcoholic beverage was "obviously intoxicated to the extent that he presented a clear danger to himself and others."
Proximate cause. The intoxication of the person who received the alcoholic beverage was a proximate cause of the damages suffered.

Both elements are part of the statute. The same proof may also be made the basis of a revocation proceeding under §6.01(b) of the Code (§2.02(b)).

Chapter 2 Is the Exclusive Remedy Against Providers

The liability of providers under chapter 2 for the actions of their employees, customers, members or guests who are or become intoxicated is in lieu of common law or other statutory law warranties and duties of providers of alcoholic beverages (§2.03(a)). Chapter 2 does not impose obligations on a provider other than those it expressly states (§2.03(b)), and it provides the exclusive cause of action for providing an alcoholic beverage to a person 18 years of age or older (§2.03(c)).

Adults Who Provide Alcohol to Minors

Section 2.02(c) sets a separate rule for minors. An adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor under 18 if the adult is not the minor's parent, guardian or spouse, or an adult in whose custody a court has committed the minor, and the adult knowingly (§2.02(c)):

served or provided to the minor any of the alcoholic beverages that contributed to the minor's intoxication; or
allowed the minor to be served or provided any of those alcoholic beverages on premises the adult owns or leases.

Employers and Seller Training: Section 106.14

Section 106.14 of the Alcoholic Beverage Code addresses when an employee's actions are not attributable to the employer. As the statute states it, for purposes of chapter 106 and any other provision of the Code relating to the sales, service, dispensing or delivery of alcoholic beverages to a person who is not a member of a private club on the club premises, a minor, or an intoxicated person, or the consumption of alcoholic beverages by any of those persons, the actions of an employee shall not be attributable to the employer if (§106.14(a)):

the employer requires its employees to attend a commission-approved seller training program;
the employee has actually attended such a training program; and
the employer has not directly or indirectly encouraged the employee to violate such law.

The "commission" is the Texas Alcoholic Beverage Commission (§1.04(10)), which sets the minimum requirements for approved seller training programs (§106.14(b)).

Whether and how §106.14 applies to a particular claim is a question for an attorney.

What You Can Gather

While you think about your next steps, it can help to keep these in one place:

The crash report for your crash
Photos or video of the vehicles and the scene
Your own notes of what you saw and heard at the scene
Names and contact details of any witnesses who spoke with you at the scene
Medical bills and records, and records of missed work and pay
Your auto policy's declarations page
Letters or claim numbers from any insurer

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently Asked Questions

What must be proved in a Texas dram shop claim?

Under Alco. Bev. Code §2.02(b), there must be proof that, at the time of the provision, it was apparent to the provider that the individual was "obviously intoxicated to the extent that he presented a clear danger to himself and others," and that the recipient's intoxication was a proximate cause of the damages suffered.

Can I still bring a claim against the driver who was drinking?

Alco. Bev. Code §2.02(a) says chapter 2 does not affect the right of any person to bring a common law cause of action against an individual whose consumption of an alcoholic beverage allegedly caused that person's injury or property damage.

What is the rule for an adult who gives alcohol to a minor?

Under Alco. Bev. Code §2.02(c), an adult 21 or older who is not the minor's parent, guardian or spouse, or an adult to whose custody a court has committed the minor, is liable for damages proximately caused by the intoxication of a minor under 18 if the adult knowingly served or provided the alcohol that contributed to the intoxication, or knowingly allowed the minor to be served or provided it on premises the adult owns or leases.

Can InjuryClaimGuide tell me whether a bar or restaurant is responsible?

No. InjuryClaimGuide is a legal advertising service, and we do not evaluate any claim. An attorney can advise you about your specific situation.

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