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Updated: 9:51 p.m. Monday, April 30, 2012 | Posted: 5:17 p.m. Monday, April 30, 2012

Mother who allegedly served daughter alcohol before reported DUI crash could be sued

TABC officials: Host can be sued in civil court

By Martina Valverde

Texas Alcoholic Beverage Commission

EL PASO, Texas —

El Paso police said a woman was driving drunk when she crashed into a car at the Circle K at 700 N. Americas.

Lucia Pichardo, 27, reportedly went to the Circle K to pump gas Saturday night. As she approached the pumps, police said she sideswiped a car. That driver was sitting in the car and called police because he thought she was drunk.

Four children ages 5, 4, 2 years old and a 3-month-old were inside Pichardo's suburban, police said.

Officials
with the El Paso District Attorney's office could not say if they were Pichardo's children.

El Paso police arrested Pichardo on drunken driving charges. She remains in jail as of Monday afternoon.

Officials with the D.A's office said Pichardo told police she drank two beers at her mom's house. El Paso police also reported finding a three-quarters full bottle of vodka.

KFOX 14 spoke to a sergeant with the Texas Alcoholic Beverage Commission and officials from Mothers Against Drunk Driving, who said if Pichardo is right about drinking at her mother's, her mother could be held responsible for any damage and injuries related to Pichardo's alleged DWI crash.

"If you're hosting a party, if you're hosting a barbecue, if you're doing something simple and alcohol can be provided and you know that individuals who are 21 and over are by law allowed to drink are consuming, you also need to ensure that they do have a safe ride home and that they do not get behind the wheel because ultimately, that vehicle is just as deadly as a gun," said Virgina Gonzalez of MADD.

A sergeant with TABC said "hosting" lawsuits are only for civil court and only relate to damage or injuries like in this case which was a car crash.

The D.A.'s office and officials with the El Paso Police Department said they could not release Pichardo's blood-alcohol level.

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