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Is it illegal to sell alcohol to an intoxicated person?

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

When a patron of an alcohol-serving establishment becomes clearly and visibly intoxicated, it becomes unlawful to continue to provide alcohol to that individual. According to Chapter 4, Section B. [4.5] of the Illinois Dramshop Practice Act handbook issued by the Illinois Institute for Continuing Legal Education (IICLE):

“…while evidence of a minimal amount of alcohol served to a sober person may be insufficient to establish liability, that same amount served to an individual already under the influence may be sufficient to raise at least a factual question against the dramshop defendant.

The plaintiff can then go on to establish “intoxication” either by producing evidence of the consumption coupled with evidence of unusual or abnormal behavior or by presenting opinion testimony of intoxication. Nakis v. Amabile, 103 Ill.App.3d 840, 431 N.E.2d 1255, 59 Ill.Dec. 498 (1st Dist. 1981); Weeks v. Witek, 33 Ill.App.3d 916, 339 N.E.2d 43 (3d Dist. 1975).”

If you or a loved one has been injured due to the negligence of an intoxicated person, we will help you pursue damages against the person/s directly responsible for the accident, and if the dram shop had supplied excessive alcohol to the at-fault party, that establishment may be legally liable for your compensation.

We are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an accident due to another’s negligence. We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected], or schedule a meeting with us here. We’re here 24/7.

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