Can Your Bartender Be Arrested for Your DUI?

It's common knowledge that driving while under the influence of alcohol (DUI) is illegal and can lead to serious criminal penalties. But can the person who sells or serves the alcohol also get into trouble?

This article gives a general overview of laws that criminalize providing alcohol to certain persons. Toward the end, this article also touches on civil liability for wrongfully serving alcohol to underage or intoxicated persons.

Can Serving an Intoxicated Person Can Get a Bartender, Server, or Store Clerk Charged with a Crime?

Most states have criminal statutes that prohibit serving or selling alcohol to certain people. These laws typically focus on selling or serving alcohol to people who are underage or visibly intoxicated. Although the act of providing alcohol is what's illegal, enforcement of these laws often occurs where the intoxicated or underage person subsequently gets a DUI or causes some type of harm to someone.

Criminal Charges for Selling or Serving Intoxicated People (SIP Laws)

In many states, selling or furnishing alcohol to a visibly or obviously intoxicated person is a crime. Generally, these laws target establishments and workers at establishments that are licensed to sell alcohol.

SIP law violations are typically misdemeanors and, although penalties vary by state, might carry something like up to a year in jail and fines of up to $1,000 or so.

Criminal Charges for Seling or Serving Alcohol to Minors and Underage Persons

Laws that prohibit providing alcohol to minors often apply to licensed alcohol establishments and private parties. In other words, bartenders, servers, store clerks, and private parties can all be charged under these laws.

Violations for serving alcohol to minors are normally misdemeanors and typically carry up to a year in jail and fines up to $1,000 or so.

DRAM Shop and Social Host Responsibility Laws

Until now, we've limited the discussion to criminal liability—criminal charges and the associated penalties. But serving or selling alcohol to an intoxicated or underage person can also lead to civil liability and money damages.

Many states have "DRAM shop" and "social host liability" laws that allow an injured person to sue the person or establishment that wrongfully served alcohol to the person who caused the injuries.

How Do Social Host Liability Laws Work?

In states with social host liability laws, the injured person generally needs to prove the host negligently (some state laws require greater culpability than negligence) served alcohol to the person who subsequently caused the injuries. Depending on the state, this kind of liability can result from either serving underage or visibly intoxicated guests.

How Can DRAM Shop Laws Lead to Civil Liability?

DRAM shop laws are like social host liability laws in that they impose civil liability for wrongfully serving alcohol to a person who then causes injuries to another person. However, dram shop laws generally target licensed alcohol sellers (like bars, liquor stores, and restaurants).

Typically, dram shop liability applies where the seller provided alcohol to either a visibly intoxicated or underage person.