What is a bar owner’s liability if theyinstall a breathalyzer for entertainment purposes only but a patronuses it to determine their intoxication level and whether they are able to drive?

I own and operate a bar and was considering placing a breathalyzer vending machine in my establishment. If I were to attach multiple signs to/near the said vending machine that state, “This machine is for novelty purposes only and is in no way, shape, or form and accurate estimate of one’s own alcohol levels”. W would this clear me of any personal liability should a customer use the said machine, choose to drive, and injure themselves/others?

Asked on October 8, 2011 under Personal Injury, Nevada


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If Nevada has a dram shop act, you would still be held liable if you served alcohol to obviously intoxicated individuals who are too impaired to drive. As to the breathalyzer, you cannot disclaim away liability in this fashion and the intoxicated or buzzed individual who goes to take it a) may not read the disclaimer and b) may be too impaired to understand this is for fun only. The best thing to do is to discuss the matter with your local state attorney general and the alcohol licensing bureau in your state/county. Speak to them about the liabilities if they know of any and what you can do to provide a service without incurring liability.

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