GFY Lawyers - Ohio DUI question
 

Soo, someone I know left a bar last night after 5 hours of doing double shots.

This person left the bar and drove 10 blocks until they wrecked and picked up a DUI.

Can the bar be found liable for letting her leave so drunk? (in Ohio)

you are guilty. pay the man.:winkwink:

Not sure of Ohio laws, but if you think your friend can skate because the bar let her drive I doubt that will work.

Liable for getting you drunk? Doubt it and for the car wreck - no way. Now if you hit someone and injured them you and the bar could be liable.

luckily, it wasn't me! I don't drink and drive! However, I did get a ticket last week for goin 86 in a 55 (lol cost me $126)

no, just I don't think they should have let her go in the condition that she was in... there has to be some liability..

ah, I knew there was something.

That's a stupid idea, your friend (or whoever) made a mistake, they should face the consequences... trying to sue the bar is very lame...

I carry a West Virginia license ..........

http://www.imagefilez.com/out.php/i6...ersLicense.jpg


.

Didn't really imply that she is trying to sue the bar..

I was just wondering what the liability is, if any.

I think it's very fucked up that they let someone who was there drinking hard for 5 hours leave.

It's not like she was a stranger, they all knew her very well... She talked to them while she was drinking for 5 hours..

I'm glad this person didn't hurt themselves or anyone else.. it would've been a lot worse.

LMAO @ the Wv drivers license

I actually had 1 DUI in Wv in the 90's lmao I was a dumb kid then.

btw, drinking & driving is teh lame! :)

Not sure what the bar can be liable for..all they can do is cut you off.It's not like they can demand the car keys from you.It's your responsibility

Is your freind 21? Cased closed. Her fault. Her resposibility.
I was a Bartender for 15 years, and I got a DUI in OHIO when I was in college.
(Michigan /OU game, we won, the cops were pricks)

People have been trying the "It's the bars fault " thing for years, the bottom line is, she went in of her own free will, PAID for drinks and then drove.

There is not a human alive that doesn't know the consequenses of getting caught.

But it brings up one of my favorite questions: If drinking and driving is illegal, why do bars have paring lots? Hmm?

why is that? is she not a responsible adult?

She should have called me. I would have picked her up and taken her home. Well, I would have taken her to my home. She sounds wild and crazy! Just the kind of girl I like! Was she naked when she was arrested?

Because responsible people know when to say when.

Well, it is a very easy answer . . . drinking and driving ISN'T illegal!!!

Driving under the influence is!

There is an attorney who actually runs advertisements that say, "Drinking and Driving IS NOT ILLEGAL." Because, you can drink and drive as long as you do not exceed the legal limit of the blood alcohol level for that state.


What city was she arrested in?

Oh, come on baddog . . . . you look like you've never said, "NO" to a drink or a drug. Hypocrite!

Anybody who drinks and drives deserves to be caught..take a cab

Sounds like you are a bitter drunk!

Also, it has been established that drinking and driving IS NOT ILLEGAL!

Driving under the influence is.

Blood alcohol levels vary from state to state.

Drink and drive my friends! Just don't drive while impaired!

.08 is like a beer.so unless you drink half of it,you're breaking the law.I'm not bitter but I have one nail in the coffin from years back and it sucked.If I get caught another time I go to jail,the third time I never drive again.

i think that depends on your height and weight. I drank 4-5 beers in 2-3 hours and drove. I was pulled over brought back to the station and blew a .04


BTW last i knew a bar can be held responsible if they serve someone who is clearly intoxicated

Can you honestly say in all your years you've never once had a few and drove?

Don't judge a book by its cover, idiot. I turn down plenty of drinks.

I was very irresponsible in my youth. I am lucky to be alive. Will be the first to admit it.

Doesn't change my comment.

There are a few cases in FL where the liability was put back on the bar, but I believe that they involved accidents with injuries.

The best bet she has, is to talk with the officer. OUT SIDE COURT! Plead with him to not show, or to say that he does not recall the stop with her. If it was a check point, then she is fucked.

her fucking mistake

Seriousley, Only In America

In GA they can dont know about Ohio. In NY a bar across from where I worked, this was 20 yrs ago. It was one of those small mom pop bars, the guy drank so much he died of alcohol poisoning . They charged the bartender with man slaughter.

I would say no........

Tell your friend to just face the music and deal with it. He/She/It knew what they were doing when they left the bar, and the entire 5 hours of doing the double shots.

When I got mine I could have blamed the cab companies for leaving me no other options, but I still got behind the wheel knowing damn well I was in no shape to drive. (by blaming the cab companies I mean one refused to answer the phone which they are known for around the hours of 1am-5am and the other flat out refused to pick me up) I actually got busted because I dropped my lighter on the floor and was trying to pick it up. The cop behind me saw my head bobbing and thought I was falling alseep and pulled me over.

As for the person that said .08 is less then a beer, you should really do some research before spouting your retarded opinion. If you are a 47 lbs male then yes one beer will put you at the .08 limit and if you are 25 lbs a half a beer will put you around the .08 area, but I am guessing most people have passed that weight point by now

Your friend fucked up, its time to deal with it, not try to pass the buck off on someone else. If they do somehow manage to get away with it, they will be back in court for it in the near future anyway.. the DUI is a wake up call for a lot of people, including myself, to get shit straightened out in life

Would your friend hold the bar liable if someone slipped a roofie in her drink and took her home?

clearly not, lol

I don't think she actually did after so much drinking..


She isn't, it is just my en quiring mind that started this thread.. nothing more.

I would hold the person liable who gave her the roofie.. just like I think the person that gave her drinks for 5 hours and let her go should be liable. They should have to take some sort of classes or something.

I mean c'mon sure u can't take their keys - but u can cut them off.

I guess that I would make a horrible bartender.

I'd be more worried about the people than the bottom line :2 cents:

lost me on that one, lol.

Did he get convicted, or do you remember? J/W

Don't blame the fucking bar. She's an adult and she should take responsibility for her own actions.

Having said that, she should instead hire herself a good lawyer and plead to a lesser charge (if they'll let her) or try to beat the rap on a technicality :2 cents:

That's the law here,I'm not willing to risk another chance cause I drank 2 beers

ok its a civil case not criminal so the bar is not liable. period.

In a civil suit could it be argued that the bar and the bartender or waitress who served her were negligent. yes.

But The burden of proof is going to be rather high because to prove negligence she will have to prove that whoever served her kept serving her after they KNEW her to be intoxicated, and even then the jury is likely to find that she is the one who bears full responsibility, even though she might argue diminished capacity.

I think its a chickenshit manuever to be sure but it has been successful on occassion. It still won't erase her criminal charge or get her aquitted.

her only hope is monetary damages...and thats gonna be a real crapshoot...no lawyer but a really hungry one would risk taking THAT on contingency....its probably a loser.

It's Ohio, not Mexico.

Duh. Just.. Duh.

deserve whatever they get

i would look for a new friend

Put down the crack pipe man.

Bars have no legal authority to lock drunks in a room until they sober up. The most they could have done is called the police, and she still gets a DUI.

Exactly, but then they would be bitching about the "narcs" in the bar...

Can't win.

The lack of personal responsibility and growing sense of entitlement in this country is getting sickening.

she happens to have a rather high tab from that night, lol.




I couldn't agree more!


It's actually a relative..


No thanks, wouldn't want u to run off with it..

Weird,.. I'm pretty sure if I let someone leave my property and they were drunk (even if I didn't serve them) it would be partially my fault if something happened.

Maybe I'm just a helluva guy, but I wouldn't let someone leave that was impaired.

Relax, it's a forum - I made a post.
this person IS taking full responsibility for her actions.

I just cant beleive they would serve someone like 30 double shots in a 5 hour period and let them drive home.

It would definitely be a different story if I was the bartender, lol.

Why cant people accept responsibility for their own actions?

yeah.. you totally did not read the thread.:error

they dio not as far as i understand it

.08 is illegal in all states

that is true but only if they injure someone else in the accident

60 ounces of booze in 5 hours for anyone that's less than 700 pounds is pretty extreme. I don't see how it's possible for anyone other than a habitual alcoholic with some serious body weight to do it.

yah, I'd consider them an alchy .. . she prob weighs 140lbs

30 doubles may be a little bit of an exaggeration.. but not by much :(

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You lost me . . . she got a DUI . . . how is that a civil matter?