Can I sue a bar for kicking me out if I then subsequently got a DUI?

UPDATED: Mar 18, 2012

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Can I sue a bar for kicking me out if I then subsequently got a DUI?

I was asked to leave a bar while intoxicated without them offering me a ride home(taxi, designated driver, etc). I drove home and got a DUI. Can I sue the bar for the costs of the DUI?

Asked on March 18, 2012 under Criminal Law, California


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

You can attempt to sue anyone, however courts frown upon filing frivolous lawsuits and this is what this appears to be. Drunk Driving is considered an offense of personal responsibility, meaning that even if the bar served you until you passed out, it was your responsibility not to get behind the wheel drunk. You can try to sue based upon neglect of a duty to stop serving you after a certain point, but I'm not certain this will suffice either.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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