Arresting bar being drunk in people texas

Many jails require that someone arrested be detained for at least four to 12 hours. Bar patrons may be approached if an officer spots them behaving erratically, such as having difficulty walking or standing.

Public intoxication

The officer will perform a field sobriety test similar to one for drunken drivers. A patron may also be asked to take a breath test, although it is not required, Beck said. Most people who take the breath test have a blood alcohol level of.


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Beck cited a recent case in El Paso where a man staggered into traffic and was killed, and a student on spring break at South Padre Island who tried to jump into a hotel pool from a second-floor window. He missed and died.

Beck acknowledged many people may be surprised to learn they can be arrested for being drunk in a bar. Last week, police arrested and charged Lindsey Glass, the bartender who served Hight that night, one year and seven months ago.

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A drunk man went on a killing spree. Police just arrested the bartender who served him.

In , the Texas Alcohol and Beverage Commission issued a report concluding Glass violated the "Sale to Certain Persons" law by serving Hight, whose blood alcohol level was four times the state's legal limit when he drove to his estranged wife's house, according NBC Dallas Fort Worth. Under the Texas law, a person is guilty of the offense if he or she negligently "sells an alcoholic beverage to an habitual drunkard or an intoxicated or insane person.

When Banks escorted Hight to the parking lot, court documents said Banks asked him to leave his weapons behind and should let Banks drive him home because he wasn't sober. The lawsuit continued: "Hight told Banks he was having problems with his estranged wife and had something to do 'tonight. Although it's undisputed that Glass served Hight liquor, she took actions that were not legally required of her that night, too.

Filings allege Glass tried to convince Hight not to drive he didn't listen , called the owner of Local Public House to ask whether she should call the police he said not to , and then she followed Hight to the house, though she left before the shooting began. Not only did she know Spencer, but she was friends with Meredith and was supposed to be at the party that evening," he said, noting that the detectives commended Glass for saving lives that day.

Attorney Daniel Garrigan, who represents four of the eight shooting victims, said he was surprised it had taken this long for the police department to file a criminal case against Glass. Had she called the police or cut this person off from having more alcohol these people might well be alive," he told The Post. Under the Texas statute, which Palmer and Garrigan both said is rarely applied, Glass had an affirmative duty not to serve liquor to someone who she should have known was intoxicated.

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What actions Hight took after that are not relevant. Whether Hight murdered eight people or eight hundred in a drunken stupor should have no bearing on Glass's case. The answer is a question of fact that ends with the passing of alcohol from the bartender to the bar patron. There's always the danger of bad cases making bad law.

How Do These Laws Work?

This case certainly raises the concern, according to George Washington University Law School professor Jonathan Turley, and because the shooter was killed, there's a temptation to place responsibility on someone among the living. Tuesday's charges could be interpreted as an eleventh-hour effort by the Plano police department to hold someone accountable, or a sign that criminal law is trending in the direction of criminal affirmative duties.


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  7. It's important to understand where the line of criminality is set by society, Turley said, because these cases blur them in a potentially dangerous way. Some of the facts alleged that Glass had reason to suspect Hight was going to do something criminal, though he never said it explicitly. Still, there was no legal requirement she call the police.