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If you are facing a charge of driving under the influence in Virginia, you may be wondering if you can hold the bar or restaurant where you were drinking liable in your case. After all, if they served you alcohol when it was clearly not in your best interest, isn’t your accident partly their responsibility?
The ability to hold a bar or restaurant financially liable for a drunk driving accident or death is covered under what are known as “dram shop laws”. In states with dram shop laws, vendors or social hosts who serve obviously intoxicated people additional alcohol can be sued for damages.
However, Virginia is one of eight states with NO dram shop laws. This means that the bar or restaurant where you were drinking cannot be held financially responsible for an accident that you cause while intoxicated.
If you travel out of state, know that North Carolina does have limited dram shop laws and Washington D.C. can hold liquor stores – but not bars – liable for a drunken patron’s actions. Maryland, however, is like Virginia – no dram shop laws at all.
There are reasons that states like Virginia have decided against dram shop laws. The main one is that it is very difficult to prove that a bar or restaurant had any way of knowing that a patron was over the legal BAC limit and should not be served. Even if you are angry that you were served alcohol when you should not have been, there is no legal way to hold the bar or restaurant in Virginia responsible.
Help for Virginia men and women facing a DUI charge
The laws surrounding DUI cases in Virginia are many and complex. If you are facing a DUI charge – whether it is your first, second, or more – you probably have a lot of questions and are looking for help.
Don’t sit back and let the Virginia legal system chew you up because you may have made a mistake, and don’t feel too embarrassed or ashamed to give us a call. Our Norfolk based DUI attorneys have been helping men, women and minors for years with DUI cases, and we’ll be happy to review your situation with you confidentially and for no cost or obligation.
Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223