Can Bartenders Go to Jail for Overserving?

If you’re relatively new to the world of bartending, you may be wondering about the legal consequences of overserving. If you’ve heard you can go to jail for overserving a patron, it may sound like an urban legend at first glance.  

What happens if a bartender overserves? Can bartenders go to jail over the actions of their patrons? Can you be sued for serving alcohol?  

As a trusted source for alcohol server training, we’ll clarify overserving alcohol laws and bartender liability in today’s blog. 

The Legal Responsibilities of Bartenders 

Bartenders (and others who serve or sell alcohol) are held legally responsible for compliance with the alcohol-related laws in their jurisdiction. This can include everything from legal serving hours and license-type restrictions to age limits, ID verification,  and overserving alcohol. 

The laws that regulate alcohol service are set at the state and local level, so they vary by jurisdiction. Almost all states have laws against bartenders overserving alcohol. These laws make it illegal to sell alcohol to someone who is already drunk. 

More than half of states also have dram shop laws that allow you to be sued by an injured party for overserving a drunk driver. Some of those involve potential criminal liability, including jail time.  

In addition, liquor license holders and business owners are on the hook for the legal consequences for overserving and non-compliance. Repeated violations of the law can result in fines, loss of a license, and even jail time. As a result, bar owners tend to be very strict with their bartenders on the issue of illegal alcohol sales. 

Dram Shop Laws and Bartender Liability 

Dram shop laws dictate a bar and bartender’s liability – both criminal and civil. In other words, a dram shop law allows a bartender and/or bar to be held legally liable for the consequences of serving alcohol to a minor or an intoxicated person. 

Thirty U.S. states have some form of dram shop law. Most of these states allow third-party liability. This means a third party can sue a business for overserving a patron if that person goes on to cause someone’s injury or death. For example, the family of a person hit by a drunk driver can sue the establishment that overserved the driver, though the exact circumstances allowing for such a lawsuit vary by state. 

Fewer states allow first-party liability, in which the overserved patron themselves can bring the lawsuit. Some states allow people charged with DUI to attempt a first-party liability case, but these cases typically fail; it’s hard for a jury to swallow that an adult isn’t responsible for their own actions. Where first-party liability suits succeed, they typically involve minors. 

Some states also impose criminal penalties in dram shop cases, including fines or even jail time. For example, one Texas bartender faced charges for overserving a man who later caused a fatal drunken-driving crash that claimed the life of a detective. The bartender was charged with contributing to the tragedy by providing excessive alcohol.  

Bartenders jailed for overserving are done so under manslaughter charges. 

Consequences of Overserving Alcohol 

Beyond the legal consequences of overserving alcohol discussed above, there are broader moral and social responsibilities. 

As a bartender, you’re in a unique position to protect the safety of your community by employing responsible alcohol service practices. You have the ability to prevent drunk driving, underage drinking, alcohol-related deaths, and other related harms. 

Strategies for Responsible Alcohol Service 

There are many strategies for responsible alcohol service that you can use to control your alcohol service liability. 

First, there are some routine practices you can employ to reduce the likelihood that patrons will be overserved. For example, measuring alcohol while mixing drinks can prevent inadvertent overserving, and checking the ID of any patron who looks under 40 removes some of the guesswork on catching underage patrons. 

The most fundamental strategies for responsible alcohol service involve recognizing potentially illegal sales before you make a mistake. This means you need to understand how to spot fake IDs, recognize potential third-party sales where alcohol may end up in the hands of minors, and keep an eye out for signs of intoxication so you don’t overserve a patron. 

Finally, you need strategies for how to avoid an illegal sale once you’re aware of the danger. Having a strategy – or better yet, an arsenal of strategies – for refusing service to intoxicated patrons is important. 

You also need to know what to do once you’ve refused service. It’s generally a good idea to ask intoxicated patrons to leave the premises once they’re no longer fit to be served. This prevents them from causing trouble, including finding ways to get alcohol through other patrons. 

Finally, you should also offer cabs to patrons who are intoxicated. This is often a key defense in dram shop lawsuits because it demonstrates responsible alcohol service and counteracts claims of negligence. You’re offering a safe alternative to driving drunk, which reduces the likelihood that you’ll be held liable for the consequences of their decision. 

Ensuring Compliance with Alcohol Service Regulations 

When it comes to complying with liquor laws, knowing is half the battle, which is why many states require bartenders to complete responsible alcohol service training.  

Our Training for Intervention ProcedureS (TIPS) courses have proven effective and are approved as responsible alcohol service training in many states. TIPS certification provides legal protection against illegal sales and bartender liability by providing a skills-based strategic approach to alcohol compliance.  

With TIPS, you can choose between in-person classroom experiences and online courses that are available from your phone – whichever works for you. In addition, we offer training in responsible alcohol service practices for a variety of specific roles, from bartender to store clerk to servers in a gambling establishment or near a college campus. That way, you get information and advice tailored to the issues you’re likely to encounter in your work environment. 

Check out our state-by-state guide to find the right course for you.