Maybe you weren't the person behind the wheel in a DUI situation, and maybe you weren't even in the car. Yet if you were a part of a DUI situation, encouraged a person to drive home drunk, or even facilitated the opportunity to drink, then there is a possibility that you may be held responsible for the consequences that followed. For example, in 28 states there are ordinances that are commonly referred to as state party host laws. These laws govern that if a teen is permitted to drink alcohol at a social gathering, the host can be prosecuted for permitting the illegal action. In some states, such as California, the law goes even further. Those who encourage a teen to drink can be prosecuted if that teen drives and is either caught or involved in an accident. In some circumstances, the party host may even be held responsible for some of the financial expenses of the accident and can still be sent to jail for allowing the underage drinking and subsequent DUI to take place.

If a state does not have specific laws concerning party hosts and their role in DUI cases, then there is something called dram shop liability which may factor into the case. This is a legal term which discusses restaurants, bars, liquor stores or any other vicinity where alcohol is available. Sometimes even weddings and parties can be liable for dram shop liability issues. IN dram shop liability claims, an underage person who is intoxicated can sue the establishment that allowed him or her to drink alcohol for any injuries that were sustained while driving or even in antics following intoxication. Dram shop liability is handled differently depending on what state you are in. In most states is a defendant knew that the customer was intoxicated then that defendant will typically need to pay damages to the part that was affected. In some states, the problem must be addressed through tests. In Missouri, the party needs to demonstrate that the intoxicated individual was visible dysfunctional in order to prove dram shop liability.

In the state of Illinois, dram shop liability laws govern that is alcohol was sold to an underage youth and that youth sustained damages as a result then the individual will be allowed to collect damages from the patron. There are restrictions in Illinois which maintain that the patron must prove that the sale of alcohol was the proximate cause of intoxication or that the intoxication was at least one of the causes of the plaintiff's damages. You will want to talk to an attorney to determine whether or not you live in a state that recognizes dram shop liability or social host liability. While some states only uphold that the plaintiff can seek monetary damages, there are also some states that will permit prosecution of a host, parent, or authority who permitted underage drinking that lead to an underage DUI.

In these situations, typically the teen that was charged with the crime will still need to undergo a trial. The individual who contributed to the crime will also be required to undergo a trial for social host crimes. In some cases, this can be a first degree misdemeanor that will mean a charge of up to $1,000 in fines and up to 1 year in jail. Regardless of whether you are a DUI offender who is currently headed to trial, or were a host or restaurant patron who supported serving alcohol to an underage driver, you will want a DUI lawyer on your side to help you with your case. Use this directory to find an attorney near you today!