Drunk & Drugged Driving FAQs

Yes. Oregon's dram shop law holds licensed commercial alcohol providers liable when they serve a visibly impaired customer who subsequently causes a crash. Oregon also extends liability to social hosts who serve visibly intoxicated guests, covering both adults and minors. Dram shop claims are often more valuable than direct claims against the driver, because Oregon law requires commercial alcohol providers to carry at least $300,000 in liquor liability insurance.

Oregon's dram shop law requires written notice to the alcohol provider within 180 days of the injury for personal injury claims and within one year for wrongful death claims, measured from the date of reasonable discovery. Missing this deadline permanently bars the dram shop claim. Two exceptions exist: the notice period is tolled when information is unavailable due to an ongoing criminal prosecution, and when the injured person is incapacitated and unable to give notice.

Washington's dram shop law under RCW 66.44.200 prohibits commercial sellers from serving anyone apparently under the influence. The Washington Supreme Court confirmed in Barrett v. Lucky Seven Saloon (2004) that this standard applies in drunk driving cases for adults at commercial establishments. However, Washington social host liability is narrower: it applies only when the guest served was under 21, and only the injured minor or their surviving family can recover, not third parties.

You have multiple avenues even when the drunk driver has no insurance. First, your own uninsured motorist (UM) coverage applies — Oregon requires UM coverage on every auto policy, and it provides compensation for injuries, lost wages, and pain and suffering up to your policy limits. Second, a dram shop claim against the bar or restaurant that served the driver may be available, and those defendants typically carry at least $300,000 in mandatory liquor liability insurance — far more valuable than a minimally insured or uninsured driver. Third, if the driver was operating a vehicle owned by someone else, a negligent entrustment claim against the vehicle owner may be available. Contact Kaplan Law immediately; the dram shop notice deadline is 180 days from the crash.

Yes — significantly more. A serious drunk driving injury case in Oregon can recover medical expenses, lost wages, future earning capacity, pain and suffering, emotional distress, loss of quality of life, and loss of consortium for your spouse. When the driver's conduct was reckless, punitive damages may also be available under ORS 31.735 — though 70% of any punitive award goes to the State of Oregon and 30% to you. Beyond the driver, a dram shop claim against the bar that served them can significantly increase total recovery, since bars are required to carry at least $300,000 in liquor liability insurance. In serious cases, the combined recovery from the driver's policy, your own UM/UIM coverage, and a dram shop claim can far exceed what the drunk driver's insurance alone would provide.

Key evidence includes surveillance footage showing the customer's condition and drinks served; server training records and alcohol service policies; receipts showing the volume and timing of alcohol sales; witness statements from other patrons or staff; toxicology reports establishing blood alcohol level at the time of the crash; and expert testimony from alcohol physiology specialists who can establish when visible intoxication would have been apparent.

Yes. A private host who serves alcohol to a visibly intoxicated adult guest, knowing the guest will be driving, may face civil liability when that guest causes a crash. Oregon social host liability covers both adult and minor guests. Washington's social host liability is narrower, applying only when the guest served was under 21.

Call 911 and request that responding officers conduct a DUI investigation. Field sobriety tests and a blood alcohol test are critical evidence for both criminal and civil cases. Request a copy of the police report. Do not speak with the drunk driver's insurance company without an attorney. If the crash occurred near a bar, restaurant, or alcohol retailer, note the name and location, as a dram shop claim may be available. Contact Kaplan Law as soon as possible to preserve evidence.

A criminal DUI conviction does not automatically establish civil liability, but it is powerful evidence of the driver's impairment and negligence. Oregon's negligence per se doctrine holds that violation of a law designed to prevent a specific type of harm can establish presumptive negligence in a civil case. A DUI conviction also strengthens punitive damages claims. Evidence from the criminal proceedings, including blood alcohol results and police reports, can be used in the civil case.

This depends critically on whether you were legally impaired. Under ORS 31.715, if you were in violation of ORS 813.010 — Oregon's DUII statute — at the time of the crash, you are completely barred from recovering noneconomic damages (pain and suffering, emotional distress, loss of consortium) in a civil action arising from a motor vehicle crash. This bar applies regardless of the other driver's percentage of fault and regardless of comparative fault analysis. A criminal DUII conviction creates a conclusive presumption of the violation; without a conviction, the defendant can prove the violation by a preponderance of the evidence. You may still recover economic damages — medical expenses, lost wages, future earning capacity — even if the noneconomic bar applies. Four exceptions exist where the ORS 31.715 bar does not apply: (1) the defendant was also driving under the influence; (2) the injury resulted from an intentional tort; (3) the defendant was engaged in reckless driving under ORS 811.140; or (4) the defendant was engaged in conduct constituting a felony. If you had been drinking but were below the legal limit, the standard comparative fault analysis applies under ORS 31.600 and the ORS 31.715 bar does not apply. The distinction between impaired and legally impaired is a critical factual and legal question in every case where the injured party had consumed alcohol.