Alabama has several laws which make it possible - and frequently advisable
- to hold accountable those who bear legal culpability for drunk-driving
wrecks beyond the drunk driver. For example, those who serve alcohol to
minors who cause wrecks can be held accountable, as can restaurants and
clubs who serve alcohol to those already intoxicated.
Here is a sampling of Alabama laws on the topic of holding accountable
those who wrongfully facilitated the conduct of the drunk driver:
The “Open House Party” Law: Ala.Code §13-11-10.1 provides:
(b) No adult having control of any residence, who has authorized an open
house party at the residence and is in attendance at the party, shall allow
the open house party to continue if all of the following occur:
(1) Alcoholic beverages or controlled substances are illegally possessed or
illegally consumed at the residence by a person under the age of 21.
(2) The adult knows that an alcoholic beverage or controlled substance is in
the illegal possession of or is being illegally consumed by a person under
the age of 21 at the residence.
(3) The adult fails to take reasonable action to prevent illegal possession or
illegal consumption of the alcoholic beverage or controlled substance.
The “Dram Shop” Law: Ala.Code 6-5-71 provides:
(a) Every wife, child, parent, or other person who shall be injured in person,
property, or means of support by any intoxicated person or in consequence
of the intoxication of any person shall have a right of action against any
person who shall, by selling, giving, or otherwise disposing of to another,
contrary to the provisions of law, any liquors or beverages, cause the
intoxication of such person for all damages actually sustained, as well as
The “Dram Shop” Law usually creates liability in one of two ways:
when establishments licensed by the Alabama ABC Board serve
persons who appear intoxicated, and when establishments provide
alcohol to minors. Ala. Admin. Code r. 20-X-6-.02 provides: (4) No
ABC Board on-premises licensee, employee or agent thereof shall serve any
person alcoholic beverages if such person appears, considering the totality
of the circumstances, to be intoxicated. And Ala. Admin. Code r. 20-X-6-.
10 provides: (1) It shall be unlawful for any minor to sell, serve, dispense
or consume alcoholic beverages on any licensed premises.
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Dram Shop Laws