Legal Question in Civil Litigation in Colorado
dui
Are servers of alcohol responsible/liable for overserving patrons who are involved in a dui
Asked on 2/19/07, 3:39 pm
1 Answer from Attorneys
Philip Rosmarin
Rosmarin Law Firm
Re: dui
That depends on what you mean. If you mean that only a DUI was charged, the drinker was age 21 or over, and there was no property or personal damage to someone other than the drunk driver who was served, then no, the server is not liable.
If it can be proved that the drunk driver over 21 was visibly intoxicated and was willfully and knowingly served drinks beyond that point, the server is liable to anyone injured EXCEPT for the drunk driver.
Bottom line: if it's your DUI, it's your DUI -- not the bartender's. If you're under 21, grow up before you drink. If you're over 21, grow up.
Answered on 2/26/07, 2:19 pm