GET YOUR FREE CONSULTATION

Liability for Serving an Obviously Intoxicated Minor

Frank • October 5, 2012

Women Having a Party — Roseville, CA — Frank Penney Injury Lawyers

Read the blog from Frank Penney Injury Lawyers in Roseville, CA below.

California bars and restaurants cannot be held personally liable for serving alcohol to an intoxicated adult customer who later injures someone in a motor vehicle accident. However, the bar or restaurant can be liable if the person is a minor and was “obviously intoxicated” when served alcohol by the establishment as codified in California Business and Professions Code section 25602.1.

Signs of an Obviously Intoxicated Minor

The phrase “obviously intoxicated” means a minor who has known outward manifestations of liquor intoxication. The supplier of alcohol must use his or her powers of observation to such extent as to see that which is easily seen and to hear at that which is easily heard. The outward manifestations of liquor intoxication can be obvious and can include:

Slurred speech
Irregular body movements
Excessive laughing
Unstable footing
Unintelligible speech
Red eyes and a drastic change of behavior.

Prosecuting Servers of Obviously Intoxicated Minors

In order to prosecute a case like this, it is important to obtain the minor’s preliminary alcohol screening or blood alcohol level results. It may also be necessary to retain an expert toxicologist who can use this information to testify regarding the minor’s outward manifestations of intoxication. A bartending expert may also be needed to testify as to any previous or existing disciplinary actions, violations, or complaints involving the bar or restaurant. In addition, a thorough investigation should be conducted to obtain any and all percipient witness testimony that can support the evidence of an obviously intoxicated minor. These are but a few of the issues involved in what are usually very difficult cases to prosecute.

< Older Post

Newer Post >

No Fee Guarantee!

Our legal team understands that life can be very stressful after an accident of any type. The financial costs of your accident can add to that stress. When you are asking for help, this should make your life easier – not more difficult. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case.

At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. This means you only have to pay a fee if you win your case. We will never charge a fee unless we obtain a settlement on your behalf. No win. No fee. Case closed.

This means there is no risk in asking Frank Penney Injury Lawyers for help. You get to benefit from Frank Penney’s years of experience, knowledge, and success without needing to stress about the cost. Call today to set up a free initial case assessment or to learn more.

When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!

- KRISTA H.

Why Choose Us?

If You Don’t Win, You Don’t Pay
Free Case Evaluations
Over 25 Years of Experience

Compassionate and Caring
Highly Rated Reviews
Proven Track Record

24/7 Availability
Quick Response Time
And More

Our Recent Blog Posts

Deadly Hit-and-Run in Sacramento: DUI Suspected in Fatal Crash

By Frank Penney • February 20, 2025

A tragic hit-and-run crash in Sacramento left a woman dead Wednesday night, and police believe intoxication played a role in the accident. Officers with the Sacramento Police Department responded to the scene on North B Street near Dos Rios Street just before 8 p.m., where they found the woman had died from her injuries. Not long after the crash, an officer spotted a truck matching the suspect vehicle’s description and conducted a traffic stop at Fifth and I streets. The driver was detained as part of the investigation. By Thursday, authorities confirmed the arrest of 62-year-old Steve Read of Sacramento. He now faces felony charges for hit-and-run resulting in death and driving under the influence. Police are urging drivers to avoid the area and find alternate routes as the investigation continues. Experience unparalleled legal representation with Frank Penney Injury Law, the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Driver in Critical Condition After Driving Off Overpass in Sacramento, California

By Frank Penney • February 20, 2025

A vehicle plunged off an overpass onto Interstate 5 in Sacramento’s Natomas area on Monday afternoon, leaving the driver in critical condition. The California Highway Patrol responded to the scene around 12:52 p.m., near the offramp for West El Camino Avenue. The crash occurred while Kyman Jeung was driving northbound on I-5, heading home. He said the incident unfolded in what felt like slow motion, with the vehicle and debris falling onto the freeway just seconds ahead of him. Jeung had little time to react as he quickly maneuvered through the debris, including tree parts scattered across the road. Hours after the crash, locals noticed remnants of debris still on the overpass and in nearby tree branches. Sacramento Police confirmed the driver who fell from the overpass was the only person taken to the hospital. West El Camino Avenue was closed temporarily between Gateway Oaks Drive and Azevedo Drive while emergency crews worked at the scene. The road fully reopened around 3:15 p.m. Thankfully, no other drivers were injured, though Jeung expressed how fortunate he and others were that the vehicle didn’t land on them. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Fatal Crash in Carmichael, California After Driver Runs Red Light

By Frank Penney • February 19, 2025

A man was killed on Saturday in Carmichael after running a red light and colliding with another vehicle. According to the California Highway Patrol, the accident occurred around 3:30 p.m. at the intersection of Manzanita Avenue and Madison Avenue. The driver, a man in his 30s, was behind the wheel of a sedan when he failed to stop at the red light. The sedan then collided with a van driven by a man in his 20s. On Sunday, the Sacramento County Coroner's Office identified the driver of the sedan as 37-year-old Masoud Esmailpour of Carmichael. The van driver was treated for minor injuries after being taken to the hospital. Experience unparalleled legal representation with Frank Penney Injury Lawy , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

24/7 Availability – Reach Us by Phone, Email, Chat and More!

If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers in Roseville, CA can help. We are available to anyone in Northern California 24/7! Give us a call today to learn more at 888-888-0566. We will fight for your rights!