Drunk driving is a serious problem in Arizona. Nearly one in four fatal crashes in the state involve alcohol, leaving families devastated and victims searching for justice. While the drunk driver is always responsible for getting behind the wheel, Arizona law also recognizes that bars, restaurants, and other establishments may share responsibility when they overserve alcohol.
These laws, known as dram shop laws, give injured victims and their families the right to hold businesses accountable when careless alcohol service contributes to an accident. Because proving these claims can be complex, it’s important to speak with an experienced personal injury attorney who understands Arizona law and can guide you through the process. Here’s what you need to know about your rights under Arizona’s dram shop law, A.R.S. § 4-311.
What Are Dram Shop Laws?
The term “dram shop” comes from old English taverns that sold alcohol by the dram (a small unit of liquid). Today, it refers to laws that hold bars, restaurants, liquor stores, and other licensed establishments accountable when they overserve someone who goes on to cause harm.
Not every state has dram shop laws, but Arizona does. The goal is simple: to encourage responsible alcohol service and reduce preventable tragedies on the road.
Recent Arizona Supreme Court Update
In October 2023, the Arizona Supreme Court made it clear in Torres v. JAI Dining Services (Phoenix), Inc. that dram shop cases in Arizona can only be brought under A.R.S. § 4-311. This means victims can’t rely on older “common law” claims , they must prove the bar or restaurant served alcohol to someone who was obviously intoxicated (or underage) before the crash.
For victims, this ruling highlights why having an experienced attorney matters. The law sets a specific burden of proof, and gathering the right evidence, like witness statements, receipts, or video footage, can make all the difference in holding a business accountable.
With that in mind, here’s a closer look at Arizona’s dram shop statute and what it requires.
Arizona’s Dram Shop Law: A.R.S. § 4-311
Arizona Revised Statute § 4-311 outlines when an establishment can be held liable for injuries or wrongful death. To win a claim, a victim (or their family) must prove:
- The establishment sold alcohol to someone who was obviously intoxicated or underage.
- That person consumed the alcohol.
- The consumption was a proximate cause of the injury, death, or property damage.
This means liability isn’t automatic. The victim has to connect the dots between the overservice and the accident. But when those elements are met, the law allows injured parties to seek compensation not just from the drunk driver, but also from the business that fueled the danger.
What Counts as “Obviously Intoxicated”?
The law defines “obviously intoxicated” as someone whose physical abilities are so impaired that a reasonable person could tell. Signs include:
- Slurred or repetitive speech
- Trouble standing, walking, or staying coordinated
- Dropping objects or knocking things over
- Aggressive or erratic behavior
- Stumbling, weaving, or falling
Importantly, the number of drinks served is not enough on its own to prove intoxication. However, it can be used as evidence alongside these physical signs.
When Bars and Restaurants Can Be Held Liable
Under Arizona’s dram shop law, a bar or restaurant may be responsible if they:
- Continue serving someone who is visibly drunk.
- Sell alcohol to a minor without checking ID.
- Allow a clearly intoxicated person to remain on the premises without taking reasonable steps to stop them from driving.
Arizona does not generally hold social hosts (like friends throwing a party) liable, except when they serve alcohol to minors.
Wrongful Death and Dram Shop Claims
If a drunk driving crash results in death, the victim’s family may bring a wrongful death claim against the establishment that overserved the driver. Damages in these cases can cover:
- Funeral and medical expenses
- Lost income and financial support
- Loss of companionship and emotional suffering
- Punitive damages in extreme cases (to punish reckless behavior)
These claims can be life-changing for grieving families, offering both justice and financial stability.
Common Defenses Establishments May Use
Bars and restaurants often fight dram shop claims. Common defenses include:
- Arguing the patron wasn’t “obviously intoxicated” when served
- Claiming the crash wasn’t reasonably foreseeable
- Suggesting the person drank more alcohol somewhere else after leaving
- Asserting comparative fault (for example, that the victim shared some responsibility)
Even so, courts in Arizona have recognized that drunk driving is a foreseeable risk when overserving alcohol, and businesses can be held accountable when they ignore the warning signs.
What Victims Should Do
If you’ve been injured by a drunk driver, here are key steps to protect your rights:
- Document everything – police reports, medical bills, witness statements.
- Identify where the driver was drinking – was it a bar, restaurant, or store?
- Act quickly – Arizona has a two-year statute of limitations for dram shop claims.
- Consult an attorney – proving these cases requires evidence, witness testimony, and sometimes surveillance footage.
Why Legal Help Matters
Proving a dram shop case isn’t simple. It often comes down to timing, eyewitnesses, and careful investigation. An experienced attorney can uncover evidence like receipts, bar surveillance, or testimony from servers and patrons. They can also calculate the full scope of damages, from medical expenses and lost wages to pain, suffering, and long-term care needs.
Know Your Rights Under Arizona’s Dram Shop Law
Drunk driving accidents are devastating, but Arizona law gives victims tools to hold all responsible parties accountable. If a bar, restaurant, or store overserved the driver who hit you, A.R.S. § 4-311 may allow you to seek compensation from more than just the driver.
If you or someone you love has been injured by a drunk driver, you don’t have to navigate the legal system alone. Our experienced Arizona personal injury attorneys can help you hold negligent drivers, and the businesses that overserved them, accountable. Contact us at Hale Injury Law today for a free consultation and let us fight for the justice and compensation you deserve.