Drunk Driver Crash: Can You Sue the Bar?

In a county known for its wineries, tasting rooms and restaurants, the question comes up after many crashes: the driver who hit me had been drinking at a winery or bar, so is that business responsible too? In the auto accident cases we handle, the honest answer is that California law sharply limits those claims. The Legislature decided that, for injuries caused by an intoxicated adult, the drinking, not the serving, is the legal cause.

This guide explains that rule, its exceptions for minors, what the claim against the drunk driver can include, and the other sources of payment that may help.

How does a claim after a drunk-driving crash work, step by step?

The claim starts with the driver. The intoxicated driver is responsible for the harm caused by their careless driving, and their liability insurer is usually the first source of payment.
Look at the criminal case. A driver under the influence who causes injury can be charged under Vehicle Code 23153, and a criminal court must order restitution for a victim's economic losses (Penal Code 1202.4(f)).
Check whether a minor was served. If the driver was under 21 and was served by a licensed seller while obviously intoxicated, or was given alcohol by an adult at that adult's home, a claim against the seller or host may be possible.
Consider punitive damages. Against the driver, punitive damages require clear and convincing proof of malice, oppression or fraud (Civil Code 3294).
Add your own coverage. If the driver's insurance is too small, your underinsured motorist coverage may help (Insurance Code 11580.2).
Apply for victim compensation if eligible. A crash caused by a person under the influence counts as a crime for the California Victim Compensation Board (Government Code 13955(e)(2)(C)).

Who can be held responsible?

Who	General rule	Source
The intoxicated driver	Responsible for injuries caused by careless driving; punitive damages possible with clear and convincing proof of malice, oppression or fraud	Civil Code 1714(a) and 3294
A bar, restaurant, winery or store that served an adult	Not civilly liable for injuries caused by the drinker's intoxication	Business and Professions Code 25602(b); Civil Code 1714(b)
A licensed seller that served an obviously intoxicated minor	May be sued if the sale or service was the proximate cause of the injury or death	Business and Professions Code 25602.1; CACI 422
A social host who served an adult guest	Not liable for injuries resulting from the guest's drinking	Civil Code 1714(c)
An adult who knowingly served a person under 21 at the adult's home	May be liable; the furnishing may be found to be the proximate cause	Civil Code 1714(d); CACI 427
The driver's employer, or the car's owner	Depends on the facts: scope of employment, or permission to drive	See our guide on employer and owner responsibility

Why can't I sue the bar for serving an adult?

The Legislature amended Civil Code 1714 to overturn several California Supreme Court decisions that had allowed these claims, naming three of them in the statute. The statute now states the Legislature's intent that "the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause" (Civil Code 1714(b)). Business and Professions Code 25602(b) says the same for anyone who sells or serves alcohol to an obviously intoxicated person: they are not civilly liable to the injured person for injuries caused by the drinker's intoxication.

Serving an obviously intoxicated person is still a misdemeanor (Business and Professions Code 25602(a)), and the Department of Alcoholic Beverage Control licenses and oversees sellers. A complaint to that agency is separate from any injury claim, and it does not create a right to sue the business for an adult driver's crash.

When can a seller or host be sued?

The exception for licensed sellers covers minors only. A person injured by an intoxicated minor may sue a licensee, or anyone required to be licensed, who sold or gave alcohol to that obviously intoxicated minor, if the sale was the proximate cause of the injury or death (Business and Professions Code 25602.1). The jury instruction requires proof that the defendant was or had to be licensed, sold or gave the alcohol to the minor, that the minor was under 21, and that the minor was already obviously intoxicated, among other elements (CACI 422).

A second exception covers homes: a parent, guardian or other adult who knowingly furnishes alcohol at their residence to someone they know, or should have known, is under 21 can be held liable (Civil Code 1714(d); CACI 427). Our guide on when a business is responsible for an assault on its property covers a different kind of claim against bars: one based on security, not on serving alcohol.

What can the claim against the drunk driver include?

The full range of damages is available against the driver: medical expenses, lost earnings, pain and suffering, and, for a death, the family's losses. Punitive damages are possible if the driver's conduct is proven by clear and convincing evidence to be malicious, oppressive or fraudulent (Civil Code 3294(a)). If the driver is convicted, the criminal court must order restitution for the victim's economic losses (Penal Code 1202.4(f)), and a conviction can also bear on the civil claim.

Evidence of intoxication usually comes from the police investigation: field sobriety tests, a breath or blood test, and the officer's observations. Driving with a blood alcohol level of 0.08 percent or more is unlawful by itself (Vehicle Code 23152(b)), and the crash report and criminal file can show what was measured. Ask early for the report and the criminal case number so that this evidence can be obtained for the civil claim.

Drunk driving is a serious local problem: in the Office of Traffic Safety's 2023 rankings, Sonoma County had 382 people killed or injured in alcohol-involved crashes, ranking 28th of 58 counties, where 1 is the worst rate. If someone died, see what happens after a fatal crash in Sonoma County.

What changes the answer?

The driver was under 21. A licensed seller that served an obviously intoxicated minor, or an adult who knowingly served a minor at home, may be liable (Business and Professions Code 25602.1; Civil Code 1714(d)).

The driver's insurance is small. Your underinsured motorist coverage may pay the difference; see how uninsured and underinsured motorist coverage works.

The driver was working. An employer can be responsible for an employee's driving in the scope of the job; see holding the driver's employer or the car's owner responsible.

More than one driver was involved. Fault is divided by percentage; see several drivers at fault.

You were the driver who had been drinking. A driver convicted of DUI for that crash cannot recover pain and suffering (Civil Code 3333.4(a)(1)).

What could this look like? An example

For example, imagine a driver on Highway 12 near Kenwood who is hit head-on by a 45-year-old driver who spent the afternoon at two tasting rooms. The other driver is arrested and later convicted of DUI causing injury.

Because the drunk driver was an adult, the tasting rooms are not civilly liable for her injuries under Business and Professions Code 25602(b), even if they served him while he was obviously intoxicated. Her claim is against the driver: his liability insurance first, then her own underinsured motorist coverage if his limits are too low. The criminal court orders restitution for her economic losses, and the evidence of his intoxication supports a request for punitive damages against him personally. Had the driver been 19, the analysis of the tasting rooms would change. This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do people make after a drunk-driving crash?

Spending time and money on a claim against a bar that served an adult, which state law bars.
Not checking the driver's age, which can open the minors exception.
Not reporting their own underinsured motorist claim when the driver's limits are low.
Assuming the criminal case will pay everything; restitution covers economic losses only.
Missing the victim compensation application or the civil deadline while the criminal case runs.

What should I do this week?

Get the crash report and the criminal case number, if there is one.
Write down where the driver said they had been drinking and when.
Report the crash to your own insurer and ask about underinsured motorist coverage.
Ask the District Attorney's victim services about restitution and victim compensation.
Keep every medical record and bill.
Put the two-year date on your calendar; see California personal injury deadlines.

Frequently asked questions

Is it illegal to serve someone who is obviously drunk?

Yes, it is a misdemeanor (Business and Professions Code 25602(a)). But the same section says the seller is not civilly liable to people injured by the drinker's intoxication, except under the minors rule.

What if the driver was 20 and the bar served them?

A licensed seller that served an obviously intoxicated minor may be sued if that was the proximate cause of the injury (Business and Professions Code 25602.1). The jury instruction lists what must be proven (CACI 422).

Can I sue the person who hosted the party?

Not for serving an adult guest (Civil Code 1714(c)). An adult who knowingly served someone under 21 at their home may be liable (Civil Code 1714(d)).

Does a DUI conviction help my civil claim?

It is strong evidence of what happened, and it supports a punitive damages request. A felony conviction can also extend the deadline to sue that defendant (Code of Civil Procedure 340.3).

Can our family bring a claim if a drunk driver killed someone we love?

Yes. The family's wrongful death claim is against the driver, under the same rules about bars and hosts. See what a family can recover in a wrongful death case.

Can the Victim Compensation Board help?

For victim compensation, an injury from a crash counts as a crime when it was caused by a person under the influence (Government Code 13955(e)(2)(C)). Our guide on hit-and-run crashes explains how that program works.

If a drunk driver injured you or a family member, contact Young Law Group today at (707) 343-0556 or through our contact page for a free consultation.

A drunk driver hit me: can the bar, restaurant or winery that served them be sued in California?