Oklahoma law prohibits knowingly serving alcohol to a visibly intoxicated patron (37A O.S. § 6-121), and Oklahoma courts recognize a civil dram shop claim against a bar or restaurant that violates this duty when the overserved patron then causes a drunk driving crash that injures someone else. Courts upheld this duty again in Megee v. El Patio (2023).
Dram Shop Law: Holding Bars and Restaurants Accountable
Oklahoma’s law against overserving bar patrons makes it illegal for a bar or restaurant to serve alcohol to someone who is visibly intoxicated, and Oklahoma courts recognize a civil dram shop claim when a business ignores this duty and the overserved patron goes on to injure someone in a crash. If the driver who caused your crash showed signs of being drunk, such as slurred speech or trouble standing, this can support a claim, and it is a specific type of car crash injury claim our firm handles regularly. Impaired driving remains one of the leading causes of traffic deaths nationwide, according to the National Highway Traffic Safety Administration’s drunk driving safety data.
Call the police right away so the crash is fully investigated while evidence, including any signs of the other driver’s intoxication, is still fresh.
Who the Dram Shop Law Protects
The Oklahoma Supreme Court reinforced the limits of this duty in a 2023 dram shop ruling, Megee v. El Patio. MeGee filed a wrongful death suit against the restaurant and an employee after her son died in a crash. The suit claimed El Patio employees served her son excessive alcohol and then bet him $200 that he could not drive from Weatherford to Oklahoma City; he died attempting the drive. The trial court dismissed the case for failing to state a legal claim, and the issues on appeal were whether an intoxicated adult can sue the business that overserved him for his own resulting injuries, and whether an intoxicated adult hurt after accepting a bet to drive can sue the person who made the bet.
The Supreme Court held no to both questions. An intoxicated adult cannot sue a vendor who overserved him for injuries caused by his own intoxication, because the duty not to overserve is owed to innocent third parties, not the intoxicated patron himself. The same reasoning barred the bet-based claim. Four justices dissented, arguing state law does not expressly limit liability to third-party injuries.
Legal Definition of Intoxication
Oklahoma sets a specific blood alcohol content (BAC) threshold for legal intoxication: driving with a BAC of 0.08% or higher is unlawful under 47 O.S. § 11-902. But a bar or restaurant’s duty not to overserve is not only about a number on a breath test. Slurred speech, poor balance, and behavior that is out of character are signs a business should watch for, and a patron who was showing these signs before being served again can support a dram shop claim.
Restaurant and Bar Consequences for Violations
Oklahoma law (37A O.S. § 6-121) makes it a crime to knowingly sell, furnish, or give alcohol to a person who is visibly intoxicated, and a business that violates this duty faces real consequences beyond a civil claim.
- License revocation: the ABLE Commission must revoke the license of anyone convicted of overserving a visibly intoxicated patron.
- Financial penalties: a first violation is a misdemeanor punishable by a fine of up to $500, rising to a Class D3 felony with fines between $2,500 and $5,000 for a second or later violation.
- Criminal charges: violations can mean court appearances, fines, and jail time in addition to any civil dram shop claim.
These obligations come from Oklahoma’s Alcoholic Beverage Control Act, which sets specific rules for how a licensee may serve and sell alcohol to the public.
Bar Liability Claim Filing Process
Once you have evidence pointing to overservice, move quickly to start a dram shop claim:
- Gather evidence that the business kept serving alcohol to a visibly intoxicated patron.
- File suit within Oklahoma’s two-year deadline for this type of injury claim under 12 O.S. § 95. You can also read the full statutory text of this filing deadline on Justia.
- Document your damages, from medical bills to lost income, to support your compensation claim.
- Prepare for the case to proceed to litigation if the business disputes its role in the crash.
An attorney at Hasbrook & Hasbrook can help you gather this evidence and meet the filing deadline while it is still fresh.
Other Oklahoma Dram Shop Rulings
Several other Oklahoma Supreme Court cases shape how bar and restaurant liability claims play out.
Boyd v. ASAP Energy, Inc. (2017)
Boyd and Haas were hurt in a crash caused by Carothers, who was intoxicated after buying a nine-pack of beer from a Fast Lane convenience store. They sued ASAP Energy and Fast Lane. The court held that Oklahoma does recognize a claim against a commercial vendor who sells alcohol to a noticeably intoxicated person for off-premises consumption when that sale injures a third party, and found enough evidence that Fast Lane knew or should have known Carothers was intoxicated to send the case to a jury rather than dismiss it.
Sheffer v. Buffalo Run Casino (2013)
The Sheffer family sued Carolina Forge Company over a crash caused by two of its employees, under theories of respondeat superior and an employer entrusting a vehicle to an unfit driver, and separately sued Buffalo Run Casino and the Peoria Tribe for dram shop liability after the casino served alcohol to an intoxicated driver. The Oklahoma Supreme Court held tribal sovereign immunity barred both the gaming-compact claim and the dram shop claim against the Tribe, overruling its own prior decisions on both points. Four justices dissented on the dram shop question.
Murrow v. Penney (2023): Private Hosts Are Different
Not every alcohol-related claim involves a bar or restaurant, and Oklahoma treats a private host differently from a licensed vendor. In Murrow v. Penney, the Murrows sued a private event venue after Penney left a wedding while intoxicated and later caused a fatal crash. The court held a private venue owes no duty to protect third parties from a voluntarily intoxicated adult guest it did not overserve, and that a policy against outside alcohol does not by itself create one. A claim against a social host or private party venue depends heavily on whether that host actually overserved the guest, not simply on whether alcohol was present.
Talk to a Dram Shop Injury Attorney
If a bar or restaurant overserved the driver who hit you, you may have a claim separate from the one against the driver. Hasbrook & Hasbrook can review the details of your Oklahoma City-area crash and explain how it fits within the broader impaired-driving crash claims we handle, then help you decide whether pursuing the business makes sense for your case.
