Bartenders - Responsible for Drunk Driving

I think you can hold bartenders to a moral standard and expect them to cut somebody off at some point. However, I don't think they can be held responsible. What happens if a guy is barhopping and the bartender doesn't initially realize how he drunk he is? And where exactly is the cut off point? Bars aren't going to give people breathalizers before serving them.

 

Blame the auto manufacturers too.

 

It is illegal to serve an obviously intoxicated person additional beverages. This is why bars get fined heavily for drinking competitions.

I don't think a bar can be held responsible for drunk driving though...

 

the bar and the server can both be held responsible for serving a drunk person. this has been an issue in austin lately where they have been cracking down on the establishments where most of the DWI's are coming from.

like this one country bar, Dallas nightclub, used to have their 69 cent beers but they were getting heat because by far the most drunks were coming from there and getting ticketed. so the city started cracking down on them and patrolling the area heavier. they are basically putting them out of business because the server's are afraid to serve patrons since they don't want to be held liable for a drunk driver because the city will pursue the charges.

 

Under the Dram Shop Act in Texas:

(b) Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action under this chapter and may be made the basis of a revocation proceeding under Section 6.01(b) of this code upon proof that:

(1) at the time the provision occurred it was apparent to the provider
that the individual being sold, served, or provided with an alcoholic
beverage was obviously intoxicated to the extent that he presented a
clear danger to himself and others; and

(2) the intoxication of the recipient of the alcoholic beverage was a
proximate cause of the damages suffered.

In fact, if a patron that comes in and at the time the bartendar served him was obviously drunk then goes out and gets in even a SINGLE car accident (he only hurts himself) can sue the bar for his OWN injuries.

 

You can sue the bar in this situation. Just about every bar has insurance to take care of this type of thing though. I'm sure Stack would have all of the details regarding this.

 

The only way I would see the bar or bartender as responsible is if the person served was OBVIOUSLY too drunk. It is written that way in the statute for a reason. I know people who can go out and pound drinks to the point that they are two to three times the legal limit and still not show that they are OBVIOUSLY too drunk to drive.

I, on the other hand, would show obvious signs of intoxication after two drinks in a short time since I so rarely imbibe. I would venture a very educated guess that even after two drinks in a 210 pound body, I would remain below the legal limit.

If someone has such a high tolerance to alcohol that they do not show intoxication even when far above the legal limit, should the bartender be liable?

If someone is intoxicated even though they are below the legal limit, should they get a DUI?

 

The bar AND the server can be held liable for serving the person.
In order to serve alchohol in the state of Texas you must first be certified by the TABC (Texas Alchoholic Beverage Commission). You actually have to attend a class and watch some training videos about how to identify an intoxicated person and the law states if the server feels the person is to drunk to server he must refuse them but we all know that doesn't always happen.

Unfair as it looks it does happen. Although it should ultimately be the person doing the drinking who is respoinsible for his own actions. But in todays times its easier to blame somebody else. Its not like the servers are force feeding them the beverages.

 

Yeah but experience drunks can fake sober (as well drive better than some).

 

If you get into a wreck and you have been smoking pot, at least you are only going four miles an hour.
--Bill Hicks

 

Absolutely, I think you would have ot be pretty wasted to get a bar on this standard: "it was apparent to the provider
that the individual ...was obviously intoxicated to the extent that he presented a clear danger to himself and others..."

 

That language seems to make it VERY difficult to hold the server or the bar liable.

 

not if TABC is interpreting that language. they are out of control, at least in Austin.

 

It is fricken ridiculous....whatever happened to personal responsibility.

Bartenders can help, but for crying out loud they are generally too busy to notice unless someone is WAY drunk.

People should take responsibility for their own fricken actions.

SHEESH !!

DD - Bartender for 9 years

 

I was a bartender in college. I hear ya. It's easy to lay it on the bartender when you've never done the job. Controlled chaos, if you're lucky. A far tougher job than most give credit for, but also a hell of a lot of fun, and a great way to meet chicks. (or guys, if you're a chick, or whatever... just insert a Seinfeld reference here!)

 

If someone wants to sue they go after the deep pockets. Generally drunk drivers don't have much money so if you want the cash (or at least if your lawyer wants the cash) you sue the bar with a nice insurance policy or Tilman Fertida or the Pappas family or whatever.

I get the spirit if this law: To prevent bars to sell liquor to people they know are drunk, however, ultimately it's the person drinking that's responsible.

How about this idea? Put those devices in EVERY car that prevent the car from starting until you blow into it. Granted people will get other people to blow sometimes but it will probibly help in most situations.

Can you imagine? All these kids will start hanging around bars just to blow in the the device for $5. So much for that idea!

 

Hear hear!

no, I mean, HEAR HEAR!

RR - Bartender for the 80's (10 years), last two as an owner.