According to www.nj.com, this past Memorial Day, four individuals were killed in motor vehicle accidents. The holiday season routinely brings about an increase in traffic and an increase in DWIs. 
In cases where a drunk driver injures or kills a person, the driver will obliviously be held responsible for the accident. However, the drunk driver is often not the only one to blame. Pursuant to N.J.S.A. 2A:22A-5(b), servers of alcohol will be held liable when they serve “visibly intoxicated” patrons and/ or minors. According to New Jersey law, “visibly intoxicated” is “a state of intoxication accompanied by a perceptible act or series of acts which present clear signs of intoxication.” N.J.S.A. 2A:22A-3.
In addition to bars and restaurants, a “social host” can be held liable for the acts of the drunk driver. If a social host serves a guest he knows to be drunk and he knows the guest will be driving, the social host is liable for any injures or fatalities the drunk driver causes. N.J.S.A. 2A:15-5.6. However, where a social host allows “self serving”, the law does not impose such a responsibility.
New Jersey law presumes that a Blood Alcohol Content (“BAC”) of less than 0.10% results in an irrefutable presumption that the person tested was not visibly intoxicated in the social host’s presence. However, if the BAC is between 0.10%-0.15%, there is a refutable presumption that the driver was visibly intoxicated.
Here at Ginarte Gonzalez Winograd L.L.P., we provide high-caliber representation to personal injury victims and their families. Contact our office at 1 (888) GINARTE for free consultation and we will make sure your rights are not lost.