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Dram shop liability as a DUI defense

If you have been arrested on DUI charges, you will need to successfully defend yourself if you want to avoid losing your license for a certain amount of time and being subject to fines and possibly even jail time. It is important that you look into all the possible defense options that are available to you so that you can establish the most suitable defense.

One possible option could be to use dram shop law as part of your defense. The following is an overview of how you may be able to use dram shop law to your advantage in certain situations.

What is dram shop law?

Dram shop law is a type of liability that is placed on bars and other establishments that serve alcohol, such as restaurants and clubs. The law states that these establishments may be held liable for harm caused due to drunk driving after the driver was a customer in their establishment.

Why are bars and restaurants liable?

Bars and restaurants have the duty to only serve alcohol when they do not believe that harm will come from it. For example, if a known driver parks their car outside of a bar and proceeds to order shots, getting extremely drunk, the bar should take responsibility and decide to stop serving them if they have a good reason to believe that the customer will try to drive after drinking.

What is a good example of using dram show law as a DUI defense?

Take, for example, a situation in which you drove to a bar to enjoy a non-alcoholic beer. You reasoned that you could have as many non-alcoholic beers that you wanted and drive afterward. However, while you thought that you were drinking non-alcoholic beer, the bar served you alcohol. This meant that you were unknowingly driving while being over the legal alcohol limit.

If you need to defend yourself against DUI charges after an accident, make sure you understand the possible defense options.



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Our legal team consists of attorney Wm. Dennis Brannon and his son C. Paul Brannon. We work together as a father and son team to provide our clients with exceptional service and solutions in motor vehicle accident claims and other personal injury matters.
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