Legal Question in DUI Law in California

Re: Business Liability on Drunk Drivers

Thanks for your posting.

The simple answer is: NO.

There exists a California state statute barring liability by persons furnishing liquor for injuries inflicted as a result of consumer's intoxication and even against businesses that "simply permit" consumption of alcohol on their premises, as well as those who sell or supply liquor. Leong v. San Francisco Parking, Inc., 1 Cal. Rptr. 2d 41 (Cal. App. 1991).

This follows a long line of cases establishing that those that serve alcohol are basically immune to suits just based on their serving alcohol. Bar and bartender had no duty to arrange transportation home for inebriated customer; not liable for his death when struck by vehicle. Andrews v. Wells, 251 Cal. Rptr. 344 (Cal. App. 1988).

Thanks again, and if you or your family member has more questions, or needs more information, please feel free to email me back or call my office at 1-877-568-2977 (toll free).

Re: Business Liability on Drunk Drivers

Generally there is no civil liability for the serving of alcohol to an intoxicated person, however it is in violation of certain penal codes and licensing restrictions. A complaint can be filed with the State of California Dept. of Alcohol and Beverage Control. Also a complaint to the local police won't hurt.