Last Updated on April 4, 2025
Some people dine and dash for fun, others dine and ditch because they get tired of waiting for the check, and others skip out on their bill because they forgot their wallet. Whatever the reason, you can go to jail for not paying your bill at a restaurant in Vista, and sometimes dine and dash is even charged as a felony in California.
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What Does Dine and Dash Mean?
Dining and dashing is the illegal act of going to a restaurant, eating a meal, and then leaving without paying the bill. When you dine and dash at a restaurant, bar, or other establishment, you can get arrested and face criminal consequences as you are committing a crime under California law, specifically, Penal Code section 537 (PC), commonly known as “defrauding an innkeeper.”
Can You Get Arrested for a Dine and Dash in Vista?
Absolutely. Dining and dashing is illegal and can result in your facing serious consequences. Strangely, while everyone knows shoplifting is a crime, they somehow assume that skipping out on a restaurant, bar, or hotel bill is different simply because these acts don’t involve taking physical goods. But when a business provides you with food, beverages, or lodging, they do so with the implied or explicit expectation that you will pay for these services. Skipping out on these bills is considered “defrauding an innkeeper,” which prohibits willingly not paying for services with the intent to defraud the owner of a “hotel, restaurant, motel, campground, or any other establishment that serves food and/or beverages.”
Dine and dash is not a victimless crime. Restaurants must pay for the raw ingredients to make food, the rent for their physical location, and the wages of the chefs who cook your meal and the waiters who bring it to you. Similarly, hotels must pay for staff, cleaning products, utilities, property upkeep, and more. These establishments rely on customer payments to cover these expenses, so defrauding an innkeeper is treated similarly to committing theft against a business.
What is the Penalty for Dine and Dash?
Since it is illegal to dine and dash, this means you can face criminal penalties for doing it. Because most meals and bar tabs are valued at less than $950, the majority of people who are charged with dine and dash will only be charged with a misdemeanor, meaning the maximum punishment they will face will be 6 months in jail and $1,000 in fines.
On the other hand, if the meal was valued at over $950, the crime becomes a wobbler, meaning charges can be filed as either a misdemeanor or a felony. As a misdemeanor, this offense is punishable by up to one year in jail, while the maximum sentence for felony-level charges is three years in state prison.
Even in misdemeanor cases, it is important to fight these charges because this form of theft is considered a crime of moral turpitude. As such, a conviction can have devastating consequences for immigrants and those with professional licenses.
Additionally, regardless of how your criminal case shakes out, the restaurant or bar can sue you in civil court to recover their losses from your unpaid bill.
Fighting the Charges
Yes, it is illegal to dine and dash, but that doesn’t mean everyone accused of this crime is guilty. If you have been accused of skipping out on your bill, you can fight the charges with the help of a skilled criminal defense lawyer. If you had a good reason for leaving without paying, such as a medical emergency, your lawyer might even be able to have the charges dropped altogether.
One strong defense involves arguing you did not intend to defraud the establishment, as this is a critical element of the crime. If you left a restaurant thinking someone in your party paid the entire bill, for example, but they asked the waiter to split the bill and only paid their portion, you would not be guilty of dining and dashing because you didn’t intentionally avoid paying.
Similarly, if you realized you didn’t have your wallet when it was time to pay the bill, you would not be guilty of this crime unless you attempted to sneak out of the restaurant without settling your debt. However, if you explained the situation to your waiter or the owner, they could choose to call the police, but as long as you made good on your attempt to pay for the food, you should not be arrested.
In fact, it is common for intoxicated people at bars to leave without paying their tab, but as long as they lacked the intent to defraud the business, they would be innocent of this crime —though they may still be forced to pay for their drinks later on if the bartender took their credit card to open the tab.
It is often more difficult to fight charges where the value of a meal was over $950. In these cases, judges, prosecutors, and juries are more likely to think the defendant intentionally ordered expensive food or beverages with the intent to leave without paying —especially if the diner rarely eats such pricey meals.
When the evidence is strong, it may be best to negotiate a strong plea bargain to allow you to minimize the consequences of this crime. In some cases, you may even qualify for a diversion program, which will enable you to avoid having any charges appear on your criminal record.
Occasionally, your attorney may be able to have a misdemeanor charged as an infraction, punishable by nothing more than a fine.
You Must Receive Your Food to Have Broken the Law
To be guilty of this crime, you must have used the good or service to some extent. If someone leaves a restaurant because they have waited ages for their food, which still hasn’t arrived, they have not committed a crime —even if the chefs have started cooking the meal. However, if they ordered and consumed drinks or appetizers, they would be expected to pay for at least these items. Diners do not need to wait for their check in these cases, as poor service is often why people leave, but they must at least leave enough cash on the table to cover their food items.
In cases where the patrons do not have sufficient cash to pay the bill and cannot get their server’s attention, it is advisable to speak with another waiter, a host, or the manager to avoid running afoul of the law. In many of these situations, the restaurant will waive the price of food or drinks if the wait service or food quality is unacceptable.
Always Work With a Lawyer
While you may be tempted to handle these charges yourself to save money, a top theft attorney can be worth every penny. You can get arrested for doing a dine and dash and even end up in jail, so always contact a top attorney if you have been accused of this crime. If you have been accused of this offense, call (760) 643-4050 to schedule a free consultation with Peter M. Liss.
