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It will depend on the situation...like how drunk is the person? Fo a civil action, the law normally uses an objective "reasonableness" standard, asking "would a reasonably prudent bartender have served this person, given the person's intoxicated state?" A court may determine that a bartender has a duty of care to his/her patrons and the general public: a duty to not serve someone who is too inebriated because they might injure themselves or another person. If a reasonably prudent bartender in the same situation would NOT have served the person because they were too drunk, the bartender that did serve them may end up paying for it if the drunk person they served subsequently hurts himself or another person.

ADDED: (in the US) As is usual with most things in the law - it depends. Most (all??) states have so-called "dram shop" laws which place the burden of selling or dispensing Alcoholic Beverages on the purveyer. So, yes, it IS unlawful to sell to someone who is believed to be intoxicated at the time of the sale.

The defense is, of course, that the seller did not believe that the purchaser was intoxicated at the time of the sale. And . . . that's why we have defense attornies and juries.

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13y ago
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4d ago

Yes, in many places it is illegal to sell alcohol to someone who is already drunk. This is to prevent further intoxication and potential harm to that individual or others. It is important for sellers to monitor customers' alcohol consumption and refuse service when necessary.

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