Virginia is one of the few states that does not follow Dram Shop Laws that allow for dram shop liability. Dram Shop liability is a provision that allows injured parties to sue the establishment that sold the liquor to the accused for injuries or damages incurred in any related DUI accidents.
In states that practice Dram Shop liability, both sides of a DUI case could use this in their defense. The defendant could argue the bar or restaurant failed to cut them off when they noticed they were too drunk to drive, or they could have removed their driving privileges and called a taxi. The prosecution may choose to bring an additional lawsuit against the bar for these failures as well if someone was injured in a DUI accident.
These inclusions were negated when the current Virginia Dram Shop Law came into play. Named because liquor used to be dispensed in units of measurement called "drams," dram shop laws refer to the laws governing the liability of establishments that sell alcoholic beverages.
Virginia's dram shop laws state that the bar responsible for providing the intoxicated party with alcohol is not liable for their arrest or actions leading to their conviction.
Many inexperienced lawyers are either unaware or choose to ignore this immunity and continue to go after the establishment as a potential party to blame or include in a lawsuit. The most a lawsuit involving the liability of a bar will do is generate press for the lawyer and tie up the courts with a lawsuit that is fated to be thrown out.
If you've been charged with a DUI in Virginia, order our FREE consumer guide: How to Choose a DUI Lawyer in Virginia.
When choosing a reliable Virginia DUI defense attorney, they should know the state laws regarding important things like dram shop liability. Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.
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