Drunk drivers cause millions of dollars in damage each year, and they send hundreds of people to the hospital. While DUI charges focus on the actions of the impaired driver, South Carolina law has long recognized that bars, restaurants, and other alcohol-serving establishments can also play a role in these incidents.
Under South Carolina’s dram shop laws, businesses that serve alcohol may be held financially accountable when they knowingly provide alcohol to an intoxicated person who later causes a crash. However, the South Carolina legislature recently made significant changes to these laws. These updates went into effect at the start of 2026 and will have an immediate impact on DUI-related injury cases and dram shop claims, as our Florence DUI lawyer explains.
How the South Carolina Dram Shop Law Works
The dram shop law allows injured victims to seek compensation from anyone who has a liquor license from the state and serves alcohol to an intoxicated person.
In DUI-related crashes, victims can always pursue a claim or lawsuit against the drunk driver. However, a driver may carry limited insurance coverage or lack sufficient assets to fully compensate those they injure. Dram shop claims have historically allowed victims to pursue additional compensation from establishments that contributed to the dangerous situation by overserving alcohol.
Until 2026, the law was very helpful for injured victims. If the bar, tavern, or restaurant was even 1% responsible for the accident, then they were jointly liable for the victim’s full damages. That meant the injured victim could get the bar to pay 100% of their settlement or jury award.
However, the dram shop laws in South Carolina changed in 2026.
Changes to the Dram Shop Law in South Carolina for 2026
Here are the most critical changes and how they will impact a drunk driving case.
1. No More Full Joint Liability
The legislature amended South Carolina Code § 15-38-15 to eliminate full joint liability. Instead, a defendant is liable only for damages based on their share of fault. As a result, a defendant who is less than 50% responsible for the accident will not have to pay 100% of the damages to the victim.
For example, if a drunk driver causes a crash and a jury determines that the driver is 70% at fault and the bar that served them is 30% at fault, the bar will now be responsible for only 30% of the total damages. Previously, that same bar could have been required to pay the full amount.
This change limits the financial exposure of alcohol-serving establishments but does not eliminate dram shop liability.
2. “Knowing” Requirement Added to the Law
South Carolina Code § 61-6-2220 prohibits establishments and individuals licensed to sell liquor from selling liquor to an intoxicated person. Historically, courts allowed dram shop claims even when the business argued it did not know the person was intoxicated.
That has changed. The amended law now includes a “knowing” requirement. To succeed in a dram shop claim, an injured party must show that the establishment knew or reasonably should have known the individual was intoxicated at the time alcohol was served. For example, they might have noticed blurred vision, slurred speech, or bloodshot eyes. Or the driver told them he or she was drunk.
How These Changes Impact Your Case
The legislature did not eliminate dram shop liability, but it has narrowed its scope. Establishments may still be held accountable when they knowingly serve intoxicated patrons who later cause harm. However, victims should expect dram shop claims to be more aggressively defended and potentially result in reduced recoveries.
Because liability is now proportional, businesses will pay only their share of fault. Additionally, proving that an establishment knowingly served an intoxicated person will require stronger evidence than before.
In addition, the law requires more proof that the establishment knew the driver was intoxicated at the point of sale. They might admit as much under questioning. Or the bar served a driver a large number of drinks in a row, in which case they should have seen that the driver was intoxicated.
At Swilley Law Firm, we are prepared for these changes. We will continue to advocate on behalf of our clients facing DUI charges to ensure their rights are protected under the law.
FAQs about Drunk Driving Accidents
Q. Can a drunk driver still be sued for damages in an accident?
Yes. A drunk driver is responsible for choosing to get behind the wheel while impaired. Claims can be made through the driver’s insurance or by filing a personal injury lawsuit. However, dram shop claims may still be available when an establishment contributed to the situation.
Q. How much compensation is available in a DUI-related injury case?
That depends on several factors, including the severity of injuries, available insurance coverage, comparative fault, and whether an establishment shares liability under the dram shop law. A driver’s own comparative negligence matters, as well, and could reduce a settlement.
Q. Are punitive damages available in drunk driving cases?
Possibly. South Carolina Code § 15-32-520(D) allows punitive damages when there is clear evidence of reckless, willful, or wanton conduct. Driving under the influence often meets this standard, depending on the facts of the case.
Call Our DUI Lawyer Today
Swilley Law Firm takes pride in protecting public safety and helping members of the community navigate complex DUI-related legal issues. We represent clients throughout the Florence area, including the 29501 and 29576 zip codes, as well as surrounding communities. If you have questions about a DUI-related incident, dram shop liability, or your legal rights, contact our office today to schedule a free, no-obligation consultation with a member of our legal team.
