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Like most states, Colorado has a dram shop law. It allows someone injured by a drunk driver to hold a bar, restaurant, or social host that served alcohol to the driver liable for the harm the driver caused – provided the driver was underage or visibly drunk at the time.
Drunk driving is a crime, as is serving alcohol to those under 21 or already visibly intoxicated. However, this civil liability is separate from any criminal liability. The dram shop law does not impose further criminal penalties on businesses and social hosts who violate it. Instead, it allows people injured by dangerously intoxicated individuals to seek compensation from the businesses or social hosts who enabled their intoxication.
What Are the Penalties for Serving Alcohol to Someone Intoxicated?
In Colorado, it is a Class 2 misdemeanor to sell alcohol to someone already visibly intoxicated. Someone convicted on this charge may face the following:
- Between 3 and 12 months in jail
- Between $250 and $1,000 in criminal fines
- Revocation of their liquor license and related administrative fines
In addition to these criminal penalties, bars and restaurants can be held civilly liable when they contribute to drunk driving accidents. If an intoxicated motorist injured you, you could be eligible to file a lawsuit against a business establishment that served them alcohol despite already being visibly intoxicated.
However, social hosts are not criminally or civilly liable for serving alcohol to already intoxicated adults. As long as the driver was over 21, the social host has no legal responsibility to compensate you after a drunk driving crash.
What Are the Penalties for Serving Alcohol to Minors?
A business or social host that serves alcohol to a person under 21 could be charged with a Class 2 misdemeanor.
Both businesses and social hosts can also be civilly liable if they serve alcohol to a minor who then goes on to cause an accident. If you were hurt by an intoxicated driver under the age of 21, you may be able to sue the person who served them alcohol.
Can the Dram Law Be Used in a Drunk Driver Accident Lawsuit?
If you were injured in an accident caused by a drunk driver, you could potentially use Colorado’s dram shop law to hold the person who served them responsible. Section 12-47-801 of the Colorado Revised Statutes contains the state’s dram shop law. It makes licensed vendors civilly liable when they serve alcohol to a patron who meets either of the following conditions and subsequently causes harm to others:
- Someone who is visibly intoxicated
- Someone under the age of 21
Here are some signs that could indicate that a patron is already intoxicated:
- Bloodshot eyes
- Flushed appearance
- Slurred speech
- Rambling or incoherent trains of thought
- Poor motor control
- Behaving obnoxiously or belligerently to staff and customers
- Sudden mood changes
- Clumsiness
- The dram shop law holds social hosts to a lower standard than licensed vendors. They are responsible only if they serve alcohol to an underage guest, not if they overserve an intoxicated adult.
To pursue a dram shop claim, you must prove that the vendor or social host knew of the risks and served alcohol to the person who hurt you. You can do this by providing evidence, such as:
- Testimony from eyewitnesses at the bar, restaurant, or social gathering
- Receipts kept by the establishment that sold the alcohol
- Credit or debit card data from the bank or company that processed the charge
- Footage from surveillance cameras at the licensed vendor
- Police reports of the accident
- Toxicology reports and medical records
What Compensation Is Available in a Dram Shop Claim?
When you file a dram shop claim in Colorado, you can demand they compensate you for a range of losses you suffered, including:
- Medical expenses like ambulance rides, hospitalizations, surgeries, therapy, and long-term care
- Lost income, such as hourly wages, salary, commission, bonuses, and benefits
- Decreased earning potential caused by long-term impairment
- Pain and suffering, including both physical and emotional discomfort
- Lower quality of life, if an impairment prevents you from doing the things you love
What Is the Time Limit for Filing a Dram Shop Lawsuit in Colorado?
While most personal injury cases in Colorado allow two years to file a lawsuit, dram shop claims must be filed even sooner. You only have one year from the date of service to file a dram shop claim against the vendor or social host who contributed to your injuries. The sooner you contact a lawyer after an accident with a drunk driver, the more they can do to protect your rights and fight for fair compensation.
How Can a Dram Shop Liability Lawyer Help?
Working with an experienced dram shop liability attorney in Colorado can help you maximize your recovery. A lawyer can also help you by:
- Thoroughly investigating the incident to determine all liable parties
- Filing demand letters and insurance claims on your behalf
- Communicating with insurance companies and defense attorneys
- Negotiating for a fair settlement
- Preparing your case and taking it to court if necessary
Contact a Colorado Drunk Driving Accident Lawyer
Did a drunk driver injure you in Colorado? If so, The Wilhite Law Firm can help you demand compensation from everyone who could be liable for your injuries – not just the drunk driver, but whoever recklessly served them, too. Contact us today for a free consultation with a Colorado drunk driving accident lawyer, and tell us more about your situation.
