Bartending Rules 101: When You're Liable for Over-Serving as A Bartender

It’s a busy Thursday night at your local bar. Music’s playing and the crowd is buzzing. You’re behind the bar mixing drinks like a pro. Then you notice that the often well-behaved regular is stumbling towards the exit with his car keys dangling from his fingers. He might have had one alcoholic beverage too many. Who’s been serving him all those tequilas? You.  

This begs the question, are bartenders responsible for drunk drivers? And, if a drunk-driving crash were to occur, can a bartender be liable for over-serving? 

Bartenders regularly face intoxicated patrons – but no hard-working mixologist wants to face a dram shop case. That’s why you need to be aware of dram shop laws and what overserving alcohol means in your state. 

This guide is your 101 into the small print of bartender liability, where serving too much is not only bad form – but might just be illegal. So can bartenders get in trouble for over-serving? That depends on the misdemeanor and the state you’re serving drinks in.

In this guide, we cover:

• What constitutes "over-serving" exactly and why that matters
• The legal consequences bartenders might face for pouring one too many
• How laws vary from state to state (spoiler: it's a patchwork quilt of regulations)
• Best practices to keep you, your patrons, and your liquor license safe

Read on to find out all about who’s at fault when someone’s been drinking too much.

(Disclaimer: this is not legal advice. We’re no qualified lawyers – just your friendly neighborhood bartenders.)

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Can a bartender be liable for over-serving? Understanding bartender liability

Being a bartender isn't just about serving drinks - it's about looking after your patrons. An intoxicated patron is a potential drunk driver. That driver might then get fined for a DUI or, worse, cause personal injury up to wrongful death. No one wants that to happen – nor be held liable for someone losing a loved one.

You might wonder, are bartenders responsible for drunk drivers? Certainly. Any bartender worth their salt can and should limit the level of intoxication of their patrons, and in turn limit the damage that person can cause to themselves and others. 

As a bartender, you simply refuse to serve above the legal limit. Independent of what bartender stereotype you might be, responsible alcohol service should be your mantra.

Now going beyond responsibility, can a bartender be held liable if they over-serve? The simple answer is yes. Bartenders in the US can be held liable for over-serving alcohol. If you work at an establishment that serves alcohol, like bars and restaurants, you may be subject to the legal risks of over-serving their customers. 

Moving even higher up the escalation ladder, can a bartender be legally liable for over-serving? This ranges from civil liability to potential criminal penalties.

And while you might not get sued when your patron gets fined for a misdemeanor (like a DUI), it gets ugly when they get in a car accident or face criminal charges. 

For instance, a bartender in Texas faced charges of up to $4,000 in fines and even serious criminal penalties when her patron got into a drunk-driving accident that killed a local police officer. 

If bartenders can be charged with misdemeanors in a civil suit, where does the liability end? Can a bar get in trouble for over-serving too? 

Liquor license holders and bar owners can also face legal consequences if they serve too much alcohol and fail to comply with the law. Repeated violations of the law can result in fines, loss of license, and even serious legal penalties. 

Dram shop liability

Bartenders (and any business that sells alcohol for consumption outside the home) are held legally responsible for complying with alcohol-serving laws, called dram shop laws. 

These are state statutes that make businesses and those serving liable for over-serving alcohol to minors or intoxicated persons who cause wrongful death, personal injury, or property damage to another person.

Dram shop laws can include anything from legal serving times and license type restrictions to age limits, ID verification, on-duty drinking rights, and excessive serving. These laws that regulate the serving of alcohol are set at the state level.

Dram shop liability by state

If you’re still wondering whether a bartender can be held liable for over-serving, let’s get more specific. Bartender liability depends on where you’re operating – specific laws and consequences vary by state. 

Currently, 42 states and the District of Columbia have laws that make bartenders liable for over-serving. Below is an overview of bartender liability and over-serving alcohol laws in different states:

Over Serving Laws Per US State

State	Summary of Liability	Statutes
Alabama	Liable for illegally selling alcohol to visibly intoxicated persons	Alabama Code Section 6-5-71
Alaska	Liable for selling to underage or drunk individuals	Alaska Statutes 04.21.020, Section 04.16.030, Section 04.16.051
Arizona	Liable for selling to underage or visibly intoxicated persons	Arizona Revised Statutes, Section 4-311, Section 4-301
Arkansas	Liable for selling to underage or visibly intoxicated persons	Arkansas Code Section 16-126-103, Section 16-126-104, Section 16-26-106
California	Liable for selling to visibly intoxicated minors	California Business and Professions Code Section 25602, Section 25602.1, Civil Code Section 1714
Colorado	Liable for selling to underage or visibly intoxicated persons	Colorado Code Section 44-3-801
Connecticut	Liable for selling to intoxicated persons	Connecticut General Statutes Section 30-102
Florida	Liable for selling to alcoholics or underage individuals	Florida Statutes Section 768.125, Section 856.015
Georgia	Liable for selling, furnishing, or serving to underage or visibly intoxicated persons	Georgia Code Section 51-1-40
Idaho	Liable for selling to underage or visibly intoxicated persons	Idaho Code Section 23-808
Illinois	Liable for causing intoxication (separate law for minors)	235 Illinois Compiled Statutes Section 5/6-21, 740 ILCS Section 58/5
Indiana	Liable for furnishing alcohol to visibly intoxicated persons	Indiana Code Section 7.1-5-10-15.5
Iowa	Liable for selling to visibly intoxicated persons	Iowa Code Section 123.92, Section 123.49
Kentucky	Liable for selling to already intoxicated persons	Kentucky Revised Statutes Section 413.241
Louisiana	Liable for selling to underage individuals	Louisiana Revised Statutes Section 9:2800.1
Maine	Liable for serving to underage or visibly intoxicated persons	Maine Revised Statutes Title 28-A Chapter 100, Section 2506, Section 2507
Massachusetts	Courts allow lawsuits in many situations, despite no specific statutory action	Massachusetts General Laws Chapter 138 Section 69, Section 34, Chapter 231 Section 60J
Michigan	Liable for selling to underage or visibly intoxicated persons	Michigan Compiled Laws Section 436.1801, Section 436.1701
Minnesota	Liable for illegal alcohol sales (separate law for hosts and underage drinking)	Minnesota Statutes Section 340A.801, Section 340A.90
Mississippi	Liable for illegally selling or serving to visibly intoxicated persons	Mississippi Code Section 67-3-73, Section 4-301
Missouri	Liable for serving to visibly intoxicated or underage persons	Missouri Revised Statutes Section 537.053
Montana	Liable for furnishing alcohol to visibly intoxicated or underage persons	Montana Code Section 27-1-710
New Hampshire	Liable for negligently or recklessly serving alcohol	Title 507-F, Section 507-F:4, Section 507-F:5
New Jersey	Liable for selling to underage or visibly intoxicated persons (separate law for social hosts)	New Jersey Revised Statutes Section 2A:22A-5, Section 2A:15-5.6
New Mexico	Liable for selling to underage or visibly intoxicated persons	New Mexico Statutes Section 41-11-1
North Carolina	Liable for selling to underage individuals who cause car accidents	North Carolina General Statutes Section 18B-121, Section 18B-305
North Dakota	Liable for selling to visibly intoxicated, underage, or incompetent persons	North Dakota Century Code Section 5-01-06.1
Ohio	Liable for serving alcohol to those who cause off-premises injuries or property damage	Ohio Revised Code Section 4399.18
Oklahoma	Liable for knowingly selling, delivering, or furnishing alcohol to underage or incompetent persons	Oklahoma Statutes Section 37A-6-101
Oregon	Liable for serving visibly intoxicated persons or underage individuals (when the plaintiff can prove you should’ve requested ID or the presented ID was not legitimate)	Oregon Revised Statutes Section 471.565, Section 471.567
Pennsylvania	Liable for selling or providing alcohol to underage or visibly intoxicated persons	47 Pennsylvania Statutes Section 4-497, Section 4-493
Rhode Island	Liable for negligent or reckless serving to underage or visibly intoxicated persons	Rhode Island General Laws Chapter 3-14, Section 3-14-6, Section 3-14-7
South Carolina	Liable for selling to underage or visibly intoxicated persons	Section 61-4-50, Section 61-4-580
Tennessee	Liable for selling to underage or visibly intoxicated persons	Tennessee Code Section 57-10-102, Section 57-10-101
Texas	Liable for serving or providing alcohol to visibly intoxicated persons or those under 18	Texas Alcoholic Beverage Code Section 2.02, Safe Harbor Provision
Utah	Liable for selling to underage or visibly intoxicated persons	Utah Code Section 32B-15-201
Vermont	Liable for selling to underage or visibly intoxicated persons	7 Vermont Statutes Section 501
Washington	Liable for selling to visibly under the influence or underage persons	Revised Code of Washington Section 66.44.200, Section 66.44.270
Washington, D.C.	Liable for selling or delivering to underage or visibly intoxicated persons	District of Columbia Code Section 25-781
Virginia	Liable for violating any state liquor laws	West Virginia Code Section 60-3A-25, Section 55-7-9
Wisconsin	Liable for selling, dispensing, or giving away alcohol to underage persons	Wisconsin Statutes Section 125.035
Wyoming	Liable for illegally providing alcohol	Wyoming Statutes Section 12-8-301

So while the details may vary, most states hold bartenders and bar owners responsible for serving alcohol to visibly intoxicated patrons or minors. States like California focus mainly on serving minors, while many other states emphasize serving alcoholic beverages to intoxicated persons.

Be aware that these laws can change and interpretation can vary based on specific circumstances and court decisions. Always stay on top of the latest laws in your state and consult legal professionals for legal advice.

Keeping you and your patrons safe

Turns out, a bartender can be held liable for over-serving. Bartenders who over-serve can face serious consequences, including civil lawsuits, fines, license suspension, and even criminal charges in some cases. 

But don’t think you’re necessarily incriminated when the shit hits the fan. A personal injury attorney is often just a phone number away. Can’t afford the best lawyer? (We get it, how much do bartenders make anyway?) Many states offer free consultation and legal protection for bartenders in need of criminal defense.

Besides, bar owners can get alcohol liability insurance, also known as dramshop liability insurance. These insurance policies are designed to protect you from third-party claims that your involvement in serving alcohol to a person caused harm to that third party or their property. 

And while covering your legal, ehm, arse is important, the question of whether a bartender can be held liable for over-serving remains important. Why? It keeps everyone responsible and having a good time. 

Being a bartender is about being a responsible professional and keeping your clients safe. Keeping an eye on your patron’s level of intoxication and serving responsibly keeps you protected and creates a safer environment for everyone. 

The next time you find yourself mixing cocktails behind the bar, keep your responsibility in mind and serve with care.

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