Eastern Iowa Criminal Defense Attorneys
Back to Top
Eastern Iowa Trial Attorneys

Backed by extensive experience & expertise in handling cases just like yours. Speak with our legal team now.

What are dram shop laws and how do they apply in a DUI?

It isn't uncommon to go out and have a few drinks. However, this lawful act for those of age could become problematic if he or she has had too many. Getting behind the heel of a vehicle after consuming too much alcohol is not only negligent but it is also dangerous. It is an action that could result in serious accident. Those caught drinking and driving could face serious penalties. Additionally, if it is determined that another party is responsible for the driver's intoxication, that third party could also face liability as well.

Many are aware that liability is placed on a driver for getting behind the wheel of a vehicle while intoxicated; however, there are some third parties that could also face liability if they played a role in the driver's intoxication or knowingly allowed them to get behind the wheel of the vehicle.

When a serious or fatal drunk accident occurs, liability is not only placed on the motorist but could also be placed on the bar or alcohol retailer. These are known as dram shop laws. While these laws are designed to help victims of a drunk driving accident hold third parties accountable for the accident, these laws could also help an accused drunk driver show that a bartender or an alcohol retailer contributed to his or her intoxication and getting behind the wheel of a vehicle when it was known to them that the motorist was intoxicated.

The idea of dram shop laws is that bar tenders or alcohol retailers should know the signs of obvious intoxication. When it is clear that a person is intoxicated, sales of alcohol should not occur. Additionally, these parties should know that these patrons are so intoxicated that they are a danger to themselves and others. Thus, failing to step in to prevent further intoxication or getting behind the wheel could prove partial liability if an accident occurs.

The penalties that following a drunk driving charge can be serious. It is vital to explore criminal defense options and whether or not liability could be placed on another party as well. It is important to consider defense options that could help clear his or her name and reduce or dismiss the penalties against them.

Categories
  • The Iowa State Bar Association
  • DUI Defense Law
  • NACDL
  • AAJ
  • Iowa Association of Justice

Keegan, Tindal, & Mason 

Put Over 50 Years of Combined Trial Experience On Your Side 
  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Mason
  • J. Dean Keegan J. Dean Keegan

    Owner

    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
    J. Dean  Keegan Photo
  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Mason, graduated from the University ...
    Eric D. Tindal Photo
  • Andrea D. Mason Andrea D. Mason

    Attorney

    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Mason practices in the areas of white collar ...
    Andrea D. Mason Photo

See What Our Clients Have to say

  • He was professional, knowledgeable and prompt. He was very effective in his communication.

    “He showed genuine concern with my matters. He described a plan of action. His information and demeanor were very reassuring. After the Hire: He was professional, knowledgeable and prompt. He was very ...”

    - David
  • I am glad he was there to get my head out of the guillotine when I needed him and keep my record clean.

    “I was stopped for an OWI. Dean took things as far as he could with the appeals process, finding every way possible to keep me driving in the meantime (which I needed to do for my job). Dean argued the ...”

    - Ryan
  • Attentive and a Standup Guy

    “I needed an attorney with deep experience in federal cases. Eric was recommended to me by an immigration lawyer in Iowa City I had hired in the past to help my wife obtain her green card. I was ...”

    - John
  • This is the guy you want!

    “Eric is the whole package. He will fight relentlessly for you, all the while using tact and professionalism. Eric always respected my best interests and kept them his top priority. He is incredibly ...”

    - Anonymous
  • No matter the “level” of your legal issue - I wouldn’t want to be facing it without Eric Tindal in your corner

    “I’m struggling to write this review because it’s truly impossible to find the right words - that properly describe how much I appreciate Eric Tindal, his legal skills, and the effort he put forth for ...”

    - anonymous
/

SUCCESSFUL results for our clients

Protecting Your Freedom & Rights
  • Possession with Intent to Deliver Marijuana and Methamphetamine Charges Dismissed

    Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.

  • Possession with Intent to Distribute Charges Dismissed

    Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.

  • Vehicular Homicide Charges Reduced

    Johnson County FECR68296. The Defendant was charged with Vehicular Homicide. Following a suppression hearing, Mr. Tindal and his co-counsel were able to show that the blood test result was taken in violation of implied consent procedures. The case was subsequently resolved for a misdemeanor.

  • Second Degree Sexual Abuse and Other Charges Acquittal at Trial

    Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.

  • Trafficking Stolen Weapons and Misdemeanor Theft Charge Dismissed

    Scott County FECR384046. The Defendant was charged with Trafficking Stolen Weapons and Misdemeanor Theft. The Court dismissed the felony following a Motion litigated by Mr. Tindal. The Defendant subsequently pled to the remaining misdemeanor.

  • Operating While Intoxicated Reduced to Public Intoxication

    Johnson County OWCR116811. The Defendant was charged with Operating While Intoxicated. Mr. Tindal was able to win the Iowa Dept of Transportation appeal and have the blood test result thrown out. The case was resolved for a public intoxication charge and no loss of license.

  • Operating While Intoxicated Second Offense Reduced to Public Intoxication

    Washington County OWIN010946. The Defendant was charged with Operating While Intoxicated Second Offense. Following long negotiations with the State the Defendant was able to plead to a Public Intoxication and have his driving privileges reinstated.

  • First Degree Murder and Child Endangerment Causing Death Acquitted of First Degree Murder at Trial

    Henry County FECR005634. Attorney Tindal’s client was charged with First Degree Murder and Child Endangerment Causing Death. Following a two week trial, the Defendant was acquitted of all charges.

  • Sexual Abuse in the 2nd Degree Conviction Reversed on Appeal

    Iowa Supreme Court No. 04-361. The Defendant was convicted of Sexual Abuse in the 2nd Degree. On appeal, Mr. Tindal successfully argued that the conviction was based on improperly admitted evidence. The conviction was reversed.

  • Operating While Intoxicated Record Expunged

    Johnson OWCR106890. Attorney Dean Keegan's client received an Operating While Intoxicated, a serious misdemeanor. After reviewing the videos, Mr. Keegan filed a Motion to Suppress arguing the officer denied his client's right to make a phone call. The State declined to present testimony at the hearing and the Motion to Suppress was granted, making the client eligible for a deferred judgment. Mr. Keegan's client will have her record expunged and be able to obtain a license after 90 days instead of 180.

/

Keegan, Tindal, & Mason

Our Commitment to You
  • Our Attorneys Are well Respected Throughout Eastern Iowa

  • We Offer Free Consultations No Matter How Severe The Charge

  • Trial Attorneys With Successful Track Records In The Courtroom

  • Over 50 Years of Combined Experience In Criminal Defense with an Emphasis on OWI's

Keegan, tindal, & Mason 

Start Your Free Consultation Now
 
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.