Over-Serving Alcohol: Is It a Crime in Oklahoma?

In Oklahoma, over-serving alcohol to intoxicated people is a crime that could result in felony charges. Law enforcement and prosecutors charge bartenders with this crime fairly frequently. Often charges result when an intoxicated person leaves the bar and drives drunk or is hit by cars.

Currently, two different Oklahoma laws prohibit over-serving. One law makes it a misdemeanor for retail establishments that can sell low-point beer (beer with a low alcohol content) to knowingly and willfully sell low-point beer to an intoxicated person. 37 O.S. § 37-247. Agents and employees of the retail establishment can be prosecuted, as well as the owner. To prove this crime occurred, prosecutors would need to show that the beer was sold with the knowledge that the purchaser was intoxicated (not necessarily above the legal limit).

Another law, and the one at issue in most cases, makes it a felony to sell, deliver or knowingly furnish alcoholic beverages to an intoxicated person. 37 O.S. § 37-537. The law also prohibits knowing sales or furnishing alcohol to people under age 21. To prove that a bartender over-served a customer in violation of this law, the prosecutors must show that the bartender knew he or she was providing alcohol to someone who was already intoxicated. Further, in the case of a patron who leaves the bar, prosecutors need to show that the patron got the alcohol from the bartender, not from another bar afterwards.

Beginning in October 2018, Oklahoma will change many of its laws on sale and furnishing alcohol. The two laws cited above will be repealed and replaced with a new law. This new law simply makes it illegal for holders of alcohol sales licenses to sell or furnish any alcoholic beverage to someone who is intoxicated or someone who is under age 21. Senate Joint Resolution No. 68, effective October 1, 2018.

Notice that the new law removes the “knowing” requirement, at least on the face of the law. The previous laws specifically said that the sale must have been made with the knowledge that the person was already intoxicated. Typically over-serving results in arrests when the patron was visibly swaying, slurring words, falling over, or dropping things. The new law’s language could result in charges against bartenders who had no idea their patrons were already drunk. Some people have higher alcohol tolerances or can hide symptoms of drunkenness well until they leave the bar. It remains to be seen how courts will interpret the new law.

Charged with an alcohol-related crime? Seek out a DUI attorney with the know-how to tackle your case the right way from the start. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, now teaches other attorneys and law enforcement about sobriety testing techniques and defends Oklahoma drivers charged with DUIs. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.