Louisiana dram shop law does not generally hold liquor stores, grocery stores or commercial establishments liable for alcohol-related harms caused by over-serving patrons. Louisiana state laws are more limited than in other states, Louisiana’s Dram Shop Act typically does not allow lawsuits against establishments for off-premise alcohol-related problems caused by excessive alcohol consumption unless the person served was a minor. This makes Louisiana Dram Shop laws unique, often placing responsibility on the person rather than the business serving alcohol.
For cases involving complex Louisiana drinking and driving laws and liability questions, our Baton Rouge drunk driving lawyers can provide guidance. Call 225-343-1111 to schedule a free consultation.
How Many People Die From Drunk Driving in Louisiana?
In Louisiana, alcohol-related car crashes have led to a significant number of fatalities annually. According to the Louisiana Highway Safety Commission, in 2022, there were 261 fatalities in alcohol-related car crashes, accounting for 31% of all motor vehicle fatalities in the state. This number decreased to 221 fatalities in 2023, representing 29% of all motor vehicle fatalities.
If your loved one was killed by an intoxicated driver, contact our Baton Rouge fatal car accident lawyers for a free consultation.
What is Dram Shop Liability in Louisiana?
Louisiana Dram Shop laws generally do not hold commercial establishments responsible for alcohol-related harms caused by patrons after serving alcohol. Under Louisiana state law, businesses selling alcohol, such as bars, grocery stores, restaurants, liquor stores, or any mixtures thereof, are typically not liable for injuries caused by someone who consumes beer, wine, or any alcoholic beverage on their premises. This approach reflects Louisiana’s alcohol control policies, which emphasize individual responsibility rather than placing liability on the establishment’s process produced for serving alcohol.
Exceptions to Louisiana Dram Shop laws include those related to the minimum age of the person served—establishments can face liability if they are found selling alcohol to a person under twenty-one years old.
If you’ve been charged with underage drinking in Louisiana, call our Baton Rouge minor in possession lawyers for a free consultation.
Dram Shop Liability for Serving Alcoholic Beverages
Louisiana Dram Shop laws do not typically hold establishments liable for over-serving an alcoholic beverage to an intoxicated person who later causes alcohol-related problems unless the intoxicated person is under twenty-one years old or under the legal drinking age. Louisiana’s alcohol control policies focus on individual responsibility rather than penalizing businesses for alcohol sales.
In Louisiana, public possession of beer, distilled spirits, and other alcohol is largely the responsibility of the person drinking the alcoholic beverage rather than the person selling alcohol, making the state’s approach to alcohol sales and liability unique.
If you’ve been charged with public intoxication in Louisiana, contact our Baton Rouge drunk in public lawyer for a free consultation.
Liability for the Person Served an Alcoholic Beverage
In Louisiana, individuals served an alcoholic beverage hold primary responsibility for any consequences resulting from excessive alcohol consumption, as Louisiana Dram Shop laws place liability on the drinker rather than the server. State law enforces strict penalties for those who consume beer, wine, alcohol, or any mixtures thereof beyond safe limits, especially for DWI offenders. A person under the legal drinking age (under the minimum age of twenty-one) or those using counter drugs are particularly warned about the risks of mixing substances with alcohol.
For commercial drivers, any alcohol violation may result in a driver’s license suspension, given the stricter guidelines under Louisiana’s laws.
Social Host Liability in Louisiana
Louisiana state law generally does not hold social hosts liable for damages caused by an intoxicated person they serve alcohol to in a private residence. However, hosts can face penalties if they knowingly allow underage drinkers to consume beer, wine, or other alcohol on their property, as the minimum age for drinking is strictly enforced. Serving alcohol to individuals using counter drugs or those under the minimum age can result in legal consequences, especially if an intoxicated guest later operates a motor vehicle and causes off-premise harm.
Is Louisiana a Dram Shop State?
Louisiana is not a typical dram shop state, as dram shop laws in Louisiana generally do not hold establishments liable for harm caused by patrons afterwards. This includes off-premise sellers like liquor stores and grocery stores, which sell alcohol such as distilled spirits, beer, and wine without liability if the buyer later becomes intoxicated.
Louisiana state legislatures’ approach places responsibility on the drinker, enforcing the legal drinking age and public possession rules while avoiding liability based on the process produced by sellers.
Dram Shop Laws Louisiana and Other States
Some states allow victims to hold dram shops – such as bars, liquor stores, grocery stores, etc. – legally responsible for damages caused by over-serving an intoxicated individual under a state-level dram shop act. Dram shop law is typically a state law that allows victims injured by an intoxicated individual to file a lawsuit against the business that served alcoholic beverages to the intoxicated person. All state legislatures do not operate under dram shop liability, and Louisiana dram shop laws are much different than other states.
The states that do have dram shop laws mandate those who sell alcohol cannot provide alcohol to underage drinkers or those who are already very visibly intoxicated. To prove fault in dram shop cases, victims must have strong evidence showing that the:
- dram shop served alcohol to the driver,
- dram shop contributed to the intoxication,
- intoxicated person caused harm to others and
- the victim suffered damages.
What are Louisiana Dram Shop Laws?
Louisiana Dram shop law doesn’t exist in the way other states’ Dram shop laws do.
Louisiana liquor law (RS 9:2800.1) states that businesses that serve alcohol are not legally responsible for their patrons’ actions off the premises. Under Louisiana Dram Shop laws, the establishment can be held liable if they sell alcohol to someone below the legal drinking age and or an intoxicated individual injures or kills someone on the premises.
Louisiana laws also outline anti-social host responsibility, which is basically the same thing as the aforementioned anti-dram shop liability. The difference between the two laws is that social host liability refers to non-vendors or a person without a license for alcohol sales. Social hosts are only responsible if they serve an alcoholic beverage to someone underage who later harms someone.
Penalties for DWI in Louisiana
DWI offenders may not be accountable under Louisiana Dram shop laws, but they can face harsh penalties for operating a motor vehicle under the influence.
1st Offense DUI Louisiana
A first DUI offense in Louisiana carries the following penalties:
- up to two years of probation
- up to six months in jail
- A maximum fine of $1,000
- 48 hours in jail or 32 hours of community service
- Possible enrollment in an inpatient or outpatient substance abuse program and a court-approved driver improvement educational course
- Possible increased insurance
If you’re facing OWI charges in Baton Rouge, call our lawyers for a free consultation.
2nd Offense DUI Louisiana
A second DUI offense carries the following penalties in Louisiana:
- Fine up to $1,000
- up to six months in jail
- 240 hours of community service
- Up to six months probation and 48 hours in jail
- Participation in an outpatient or inpatient substance abuse program and a court-approved driver improvement educational course.
- Possible increased insurance
- Installation of an ignition interlock device
3rd Offense DUI Louisiana
A third DUI offense carries the following penalties in Louisiana:
- Fine up to $2,000
- Up to five years in jail.
- 240 hours of community service
- Five years of probation (up to one year must be spent in jail)
- Proof of increased insurance required
- Possible substance abuse evaluation and completion of a substance abuse program
- Possible vehicle confiscation (if allowed to keep the motor vehicle, it must have an ignition interlock device)
- Possible driver’s license suspension for up to three years
- Probation for the full length of any suspended sentence plus home confinement for at least 6 months
4th Offense DUI Louisiana
A fourth DUI offense carries higher fines and more potential jail time. Penalties include:
- A maximum fine of $5,000
- Up to thirty years in jail. Two without the benefit of suspension
- A maximum of five years of probation
- 320 hours of community service
- At least one year of home incarceration.
- Motor vehicle confiscation and/or driver’s license suspension
- Mandatory substance abuse evaluation
- Mandatory four weeks of inpatient treatment and one year of outpatient treatment in a substance abuse program
DUI offenders subject to driver’s license suspension, must pay the driving license reinstatement fee once eligible. Our lawyers can assist with seeking a hardship license in Louisiana.
Compensation in Drunk Driving Lawsuits
Victims injured by an intoxicated driver may seek compensation for damages, including medical expenses, lost wages, court costs, and more. These cases often involve proving that the driver consumed alcoholic beverages such as beer or wine prior to the accident. While laws vary, successful claims can help victims recover financially.
Louisiana DUI Statute of Limitations for Civil Lawsuits
Victims must file a lawsuit within one year of the date of the drunk driving accident or injury incident. Louisiana Dram Shop laws typically limit liability for people selling alcohol, but our Baton Rouge personal injury attorneys can file a DWI lawsuit and pursue justice through civil liability.
Similarly, surviving family members have one year from the date of the accident to file a wrongful death lawsuit. While Louisiana Dram shop laws limit establishment liability, our Baton Rouge wrongful death lawyers can hold the drunk driver accountable through a civil DUI lawsuit.
Baton Rouge Dram Shop Attorney
Our lawyers handle both civil and criminal drunk driving cases, making us uniquely qualified. In specific circumstances, we can hold establishments liable under Louisiana’s limited dram shop laws.
Our lawyers also have extensive experience representing those facing DUI charges; whether you’ve received a DUI for driving high in Louisiana or if you were pulled over at a DUI checkpoint in Louisiana, our law firm can provide experienced legal assistance.
Call 225-343-1111 to schedule a free consultation with our experienced attorneys.
