Attorney
When most people think about DUI charges in Florida, they focus solely on the driver. But in some cases, the bar, restaurant, or other establishment that served the alcohol may also share responsibility—especially if they continued to serve an already intoxicated person or a minor. This legal concept, known as dram shop liability, can play a role in both civil and criminal proceedings.
At Staples Law Group, we represent individuals facing DUI charges in Pensacola and the Florida Panhandle, and we know how important it is to explore every legal angle—significantly when third-party liability may reduce your exposure or shift the blame.
What Is Dram Shop Liability?
Dram shop laws hold alcohol vendors—like bars, clubs, and restaurants—accountable for damages caused by patrons they served under certain conditions. Florida’s version of this law is limited compared to other states but still applies in some critical scenarios.
Under Florida Statutes § 768.125, a person who sells or furnishes alcohol can be held liable if:
- They knowingly served alcohol to a person under the legal drinking age
- They knowingly served a person who is habitually addicted to alcohol
Unlike some states, Florida does not hold establishments liable for serving someone who is visibly intoxicated—unless one of the above exceptions applies.
When Can a Bar or Restaurant Be Liable in a DUI Case?
While Florida’s dram shop law is narrow, there are still situations where a bar or restaurant may share liability for a DUI-related incident, including injuries, property damage, or even fatalities.
Examples of Potential Liability:
- A bartender knowingly serves alcohol to a minor using a fake ID
- A bar continues to serve a patron known to have a long history of alcohol abuse
- An establishment looks the other way when an underage drinking party takes place on its premises
In these cases, if the intoxicated person causes an accident, the victims (or their families) may pursue legal action against the establishment for compensation.
How This Can Affect Your DUI Case
If you’re facing DUI charges in Pensacola, and there’s a possibility that a business improperly served you, it won’t automatically get your charges dismissed—but it could impact your legal defense and any related civil litigation.
Here’s how dram shop liability might come into play:
- Civil Lawsuits: If you’re being sued by someone injured in a DUI-related accident, shifting some blame to the bar or restaurant could reduce your financial liability.
- Sentencing Mitigation: While not a legal defense, evidence that you were improperly served could be used to seek reduced sentencing, particularly if you were underage or a known alcoholic.
- Third-Party Claims: If you were injured in a DUI incident where another intoxicated party caused harm, you may have a claim against the establishment that served them.
What Evidence Might Be Relevant?
If you believe a bar or restaurant may share responsibility in your DUI case, gathering evidence is essential. Your attorney may investigate:
- Surveillance video from the establishment
- Witness statements from staff or patrons
- Social media posts showing the environment or service
- Receipts and transaction records
- Prior complaints or violations against the business
This type of evidence can support a civil claim or be used to negotiate a better outcome in your DUI case.
Know the Limits: Florida’s Dram Shop Law Is Specific
It’s important to remember that Florida law does not generally hold bars or restaurants liable for simply over-serving a customer who is an adult and not known to be an alcoholic. Many people wrongly assume they can sue any establishment involved—but the law is stricter than that.
Still, if one of the narrow criteria applies, an experienced attorney can help you explore that route.
Protecting Your Rights Starts With the Right Legal Strategy
If you’re dealing with DUI charges, the last thing you want is to overlook an opportunity to reduce your liability or build a stronger case. At Staples Law Group, we thoroughly examine the facts surrounding your arrest—including where you were drinking and how alcohol was served. If a business contributed to the situation illegally or irresponsibly, we’ll pursue every available legal remedy to strengthen your defense.
When to Contact a DUI Attorney in Pensacola
If you’ve been arrested for DUI in Pensacola, Escambia County, or Santa Rosa County, don’t wait to get legal help. The earlier we can review your case, the better your chances of protecting your license, your freedom, and your future.
Staples Law Group offers personalized, aggressive DUI defense focused on the unique circumstances of your case. Whether we’re fighting for dismissal, challenging unlawful police conduct, or examining third-party liability, we’re ready to help.
Call Staples Law Group for DUI Defense Backed by Experience
Navigating a DUI case can be overwhelming, especially if you think a bar or restaurant played a role in what happened. Let Staples Law Group review your situation and build a defense that takes every factor into account.
Contact us today for a confidential consultation—because your future deserves more than a one-size-fits-all defense.