Dram Shops

Dram shops are businesses that sell alcohol, such as bars and liquor stores. Businesses that vend alcohol have a duty to do so responsibly, however. That means that most states, including California, have “dram shop laws” that establish penalties and liabilities for irresponsible dram shops.

In most cases, dram shop laws don’t affect driving under the influence (DUI) charges. Dram shop laws mostly affect liability for the cost of damages (e.g., who should pay for the DUI victim’s medical bills). While dram shop liability could help reduce how much money you have to pay the victim in an accident you caused, they don’t affect the criminal defense in your DUI case.

If you have been charged with a DUI, we can connect you with a Los Angeles DUI lawyer to help with your case. Contact us for a free consultation to find the right attorney for your situation and location to see if you can get your DUI charges reduced or even dropped.

How Dram Shop Laws Work in California

Most states have broad dram shop laws that make it relatively straightforward to sue a bar or restaurant after a drunk driving crash. California takes a much narrower approach. Under current California law, the liability of dram shops has been greatly restricted.

California Civil Code Section 1714 says, essentially, that:

• In most cases, providing alcohol is not the direct cause of any injuries or damages. Consuming alcohol is.

Under California Business and Professions Code Section 25602, serving alcohol to a visibly intoxicated person is a criminal misdemeanor. The same law, though, explicitly removes civil liability for doing so.

That means an injured person generally cannot sue the business in civil court based on that act alone.

The one exception is found in B & P Code 25602.1:

• Serving an obviously intoxicated minor: If a licensed establishment sells or serves alcohol to a minor who is clearly intoxicated, and that service directly causes someone’s injury or death, the business can be held civilly liable for damages.

This exception exists because the law draws a hard line around alcohol and minors. A business that serves a visibly intoxicated minor can be held responsible.

Why This Matters After a DUI Accident

If you were hurt in a crash caused by a drunk driver in Los Angeles, the question of whether the driver was a minor is legally significant.

If the driver was under 21 and was served alcohol at a licensed establishment while obviously intoxicated, the business that served them may share civil responsibility for what happened.

Here is why it matters:

• Insurance coverage: Individual drivers, especially young ones, often carry minimum liability coverage, which may not be enough to cover serious injuries. A business may carry a larger insurance policy that improves your chances of recovering the full amount of damages.
• Evidence: Surveillance footage, receipts, and staff accounts from the establishment can be helpful in determining exactly what happened before the crash.

None of this is automatic. Building a dram shop claim requires solid evidence, a clear connection between the service and the crash, and the ability to act quickly before that evidence disappears.

Can a Minor’s Family Sue a Dram Shop?

If a licensed business served alcohol to someone under 21 who was obviously intoxicated, and that person then caused a crash, the victims of that crash may have a civil claim against the establishment.

California law is specific on this point. The service must have been the direct cause of the injury or death.

If you lost someone in a crash involving an underage drunk driver, or if you were seriously injured, and the driver was served at a licensed establishment while visibly intoxicated, the business that served them may owe you compensation.

Can Dram Shops Be Held Liable for DUI Crashes?

Historically, dram shops could be held liable for injuries caused by their customers if the dram shop over-served them (or served an underage person). In other words, if a bartender or liquor store gave alcohol to someone who was either underage or clearly intoxicated, the business then shared responsibility for any damages that person caused by being drunk.

This includes drunk driving accidents. California has severely limited liability for dram shops. However, if an establishment served a minor alcohol when they were already obviously intoxicated, then they may share civil liability for the accident.

If you caused a crash while driving under the influence, Los Angeles DUI Lawyer can connect you with an attorney to help you fight criminal charges. Getting your DUI charges reduced or dropped could help with an associated civil lawsuit, resulting in you owing less money to the alleged victim after an accident. Contact us today for the assistance you need after a DUI accident.