California’s Dram Shop Laws

Operating a motor vehicle while under the intoxicating influence of alcohol is a serious safety risk. A drunk driver cannot properly operate a vehicle, which drastically increases the risk of a car accident. Under a statute in California known as the dram shop law, victims of drunk driving accidents may be able to hold an alcohol vendor or social host responsible for a drunk driving accident if it involves an intoxicated minor.

Can You Hold a Dram Shop Liable for a Drunk Driving Accident in California?

If a drunk driver causes injury or death in a motor vehicle accident, the driver can be held liable or financially responsible for related losses. The drunk driver’s automobile insurance company will pay for a victim’s medical expenses and property damage. However, it may also be possible for the victim to seek a financial recovery from the establishment that furnished the driver with alcohol, depending on the circumstances.

For the most part, California law does not allow an injured individual to bring a claim against an alcohol vendor when an intoxicated customer causes an accident. Under the state’s dram shop law, California Civil Code § 1714, “The furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.”

This law generally holds individuals accountable for their own intoxication. However, there is an exception for a parent, guardian or another adult who knowingly furnishes alcoholic beverages to a person known to be under the legal drinking age of 21. If that individual goes on to cause a drunk driving accident, the furnisher of the alcohol can be held liable for injuries or damage caused.

Dram Shop Liability for Underage Drinkers

The second exception to California’s dram shop liability laws is in California Business and Professions Code § 25602.1. This law permits personal injury lawsuits to be brought against anyone licensed to sell alcoholic beverages who sells or furnishes alcohol to an “obviously intoxicated minor,” where the furnishing of the beverage is the proximate cause of the injury or death. 

Under this law, if a bar does not check an individual’s ID and serves an underage patron when he or she is already intoxicated, this can place liability on the establishment for a subsequent drunk driving accident. Note that this law can also apply to an individual who is not licensed to serve alcohol, such as any person who sells or gives away alcoholic beverages to an obviously intoxicated minor.

California Drunk Driving Statistics

Driving under the influence (DUI) of alcohol is a considerable problem in California and throughout the United States. Below are the most recent drunk driving statistics for the State of California, according to the Office of Traffic Safety:

• In 2021, 1,370 Californians died in accidents involving alcohol intoxication.
• The rate of alcohol-involved traffic fatalities increased by 16 percent from 2020 to 2021.
• In 2021, drunk driving accidents accounted for about one-third of all traffic deaths in California.
• A total of 6,866 victims were injured and killed in alcohol-involved accidents in Los Angeles County in 2021.
• There were 95,957 DUI arrests in California in 2020.

If you or a loved one gets injured in a motor vehicle accident caused by an intoxicated driver in California, contact a drunk driving accident attorney for legal advice. If you are able to hold a dram shop or social host responsible, your lawyer will seek justice through all available outlets.