It would be difficult to imagine that the person serving alcohol could be criminally charged under the circumstances that you have described. Georgia law does make it an offense for the owner of a motor vehicle to permit another to operate a vehicle in violation of the law. O.C.G.A. 40-1-3. However that doesn't seem to be the situation you are describing.
Not if the person who was arrested for DUI was 21 years old or older.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
If the person arrested for DUI caused a wreck and someone was hurt, the injured person can bring a civil "dram shop" action for damages against the person who provided the alcohol, if there is evidence that the person who provided the alcohol knew that the person later arrested for DUI would be driving and continued to serve him after he was visibly intoxicated. If your question is about criminal responsibility, the provider of alcohol is not likley to face criminal charges unless the person arrested for DUI was a minor. If someone was injured, the person providing the alcohol should investigate whether there is insurance coverage available to cover the loss and should give notice to his insurance carrier.
No attorney client relationship has been, or is being formed as a result of this response to your question. If you feel you need legal advice, you are strongly encouraged to retain an attorney and consult with that attorney about this issue.
As long as the drinker was of legal drinking age, then the person throwing the party has not violated any criminal law. There may be an issue if a civil suit is brought based on an accident caused by the drinker.
If the person was not forced to drink, then that person is responsible for their own actions, including getting a DUI.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
On the facts you have stated it does not appear that the person who provided the alcohol has violated any Georgia or federal law. However, there might be a civil suit possible, but that would require alleging and proving certain facts.
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