The extent of a bartender’s responsibility in terms of not letting a customer drive home drunk

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Now I know bartenders have to not over serve a customer as well as not let a clearly drunk customer drive home, they even have to take courses/get a license to serve.

Say a drunk customer at the end of the night goes to leave (the bartender knows they plan on driving) at that point the bartender should say to the drunk customer “hey I cant let you drive home, you have to call a ride/walk/ or we will even call an Uber for you”

but let’s say the customer refuses and does not comply? Is the bartender supposed to just take the car keys anyway and not let them leave? What is the bartender supposed to do?

In: Economics

16 Answers

Anonymous 0 Comments

As with most laws this varies. But in all states of the US I know of, such laws are only concerned with serving alcohol to someone exhibiting signs of intoxication. It’s also mostly for civil liability, although it can be criminal as well. I know of no laws (in the US) that require a bartender to physically compel someone to turn over their keys or take affirmative action to prevent them from driving…. The laws typically just create liability for the provision of alcohol to someone who is observably intoxicated, if it can be established that an injury they caused to someone else was a result of their intoxication.

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