DUI/DWI and Social Host Liability
Fri, Sep 25, 2009
Social host liability refers to a person’s responsibility when supplying alcohol to guests. The laws surrounding social host liability vary greatly from state to state. In some states it only refers to adults serving alcohol to minors, and in some others it is covered under dram shop law.
Dram Shop Laws
In the 18th century, businesses in England sold spoonfuls of gin, called a dram. Dram shop laws refer to holding businesses accountable for any injury or damages caused by an intoxicated patron or employee. Dram shop laws differ from state to state, but generally the business or host must have known, or should have known that the patron was intoxicated and therefore posed a danger to themselves or to others. These laws were put into place to provide incentive for businesses to stop serving alcohol to intoxicated people even though it means an end to sales to that individual.
Social Host Liability
In states, where social hosts don’t fall under the dram shop laws, a social host is generally someone who provides alcohol as an act of hospitality, not for commercial gain. There are also differences in state law depending on if the alcohol was served to a minor or if the host is an employer and the event is considered a business event.
Serving alcohol to a minor is always illegal. Most states include laws that state that social hosts can be held liable for the actions of intoxicated minors. In some cases another minor can be held accountable for furnishing the alcohol, or the parents of the minor can be held accountable even if they weren’t in the home when the alcohol was consumed.
According to a DUI and criminal defense attorney in Phoenix, if you are convicted of DUI while a minor, who is fifteen years of age or younger is in the vehicle the court will sentence you pursuant to the guidelines established for a Class 6 Felony.
When it’s an employer hosting an event for employees, the employer host has to be especially careful because of the nature of the employer/employee relationship. An employee may feel compelled to attend an office party more than another type of social event.
Steps to Protect Yourself from Social Host Liability
There are steps you can take to help prevent social host liability because of your guests actions:
- Ensure that no minors are served
- Host your event at a bar or restaurant where the employees have been trained to stop serving intoxicated individuals
- Don’t provide an open bar, if individuals are responsible for purchasing their own drinks then you have not furnished the alcohol
- Provide free taxis to your guests
This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about DUI/DWI Law.
Related Legal Pages: Dallas Attorney Michael Lowe. Serving clients throughout Texas.

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