Many people around the country enjoy going out to bars. However, it’s important to be smart and take precautions. These necessary measures include having a designated driver or using rideshare options. This is also important because many states have dram shop laws, which could punish bars and restaurants for the actions of their customers. These laws are important because they have the potential to lower car wrecks caused by drunk drivers.

What are dram shop laws?

Dram shop laws have been around since the 1930s. However, this is a part of responsible drinking that not many people consider. Still, it should be on the minds of bartenders and patrons alike. According to Investopedia, these laws hold businesses, namely bars and restaurants, liable for harm their customers inflict after leaving the establishment. Often, this harm comes in the form of car wrecks.

Partly because of dram shop laws, bartenders are not supposed to serve alcohol to people they believe to be intoxicated. Of course, this isn’t always the best system as people slip through the cracks, but establishments in most states can be held legally responsible for car wrecks and other harmful actions of drunk drivers. 

As of 2023, 42 states and DC have dram shop laws. The only ones that don’t are Virginia, Delaware, Louisiana, Kansas, Maryland, Nebraska, Nevada, and South Dakota. 

Why don’t all states have these laws?

Of course, most states have dram shop laws, but a few don’t. The ones that lack these laws do so because officials in those states don’t feel as though people who sell alcohol should not be held responsible for the buyers’ wrongdoings. They believe that the act of drinking alcohol and getting behind the wheel is the problem, not purchasing it. 

There is evidence to support the enforcement of dram shop laws. However, it’s still difficult to say how effective they have been in preventing car wrecks caused by drunk driving. Additionally, these laws are not without their critics. In particular, some opponents feel that people who drink and drive need to take personal accountability instead of passing the blame onto their bartenders. 

It’s also important to point out that bartenders in states without dram shop laws take many of the same precautions as those with them. For starters, checking IDs to ensure people who are drinking are of age is a necessary practice for everyone. Additionally, ensuring that they’re not overserving customers is also a part of the process for bartenders across the country. 

Of course, people shouldn’t drink and drive, especially with all the alternative options they have these days. For more reading, check out this article by Sarah Kennedy about what constitutes a DUI. Spoiler alert, most people who get DUIs don’t think they are drunk.