Is the Bartender Liable for Drunk Drivers? The Dram Shop Law Explained

Is a bartender at an establishment like a restaurant liable for someone who drives drunk after leaving? Many states do have a “dram shop liability” law in place for these types of situations. The name dram shop came from England in the 18^th century where establishments sold gin by the spoonful, calling it a dram.

But what exactly does it mean nowadays under U.S. states’ laws? In general, dram shop liability laws allow victims of DUI incidents, or families, to sue establishments selling alcohol for monetary damages.

More About the Dram Shop Liability Law – Texas

Let’s take Texas’ dram shop law as an example. In Texas, licensed providers of alcohol such as bars should not serve alcohol to those who are clearly impaired already.  If a person suffers personal injury or property damage because of a drunk driver, under the dram shop law, that person can sue the establishment that over-served the driver and the driver.

The establishment may have to pay damages, attorney’s fees and court costs. In addition, they may possibly have to pay fines and handle citations from the state alcohol board. The establishment could even get their liquor license revoked.

Dram Shop Law Across the U.S.

Some states have similar dram shop liability laws in place where the establishment selling or serving alcohol to someone clearly intoxicated can be held liable. Others like Louisiana exempt licensed establishments from liability except in cases where the person is underaged. And then a small number of states do not have a dram shop liability law in place at all. So with many states in one way or another having some type of dram shop law, are they effective?

Are Dram Shop Liability Laws Effective?

According to MADD, Texas experienced a 6.5 percent decrease in vehicle nighttime crashes that resulted in injury immediately after a liability case was filed in 1983. In 2001, researchers found a 5.8 percent decrease in fatal vehicle crashes from dram shop liability laws. Dram shop laws also increase the publicity of the impact of over-serving alcohol, and that personal responsibility falls on both the driver and the establishment.

In any case, it’s important to look out for yourself and others when there is alcohol involved. If you do find yourself in a situation where you need an Ignition Interlock, Smart Start is ready to help. We are a trusted Ignition Interlock provider that can get you back on the road quickly and safely.

Need to Install an Ignition Interlock?

Schedule your installation appointment by calling (800) 831-3299 or by filling out our online form.