Use of Intermediaries in DWI (Driving While Intoxicated) Deterrence. Volume 3. Dram Shop Acts, Common Law Liability and State Alcoholic Beverage Control (ABC) Enforcement as Potential DWI Countermeasures

摘要

Many trips undertaken by alcohol-impaired drivers originate at public drinking establishments: bars, taverns, nightclubs, restaurants, etc. The managers and service personnel (bartenders, waiters, waitresses) in these establishments could play a role in preventing trips by impaired drivers; either by cutting-off or slowing down alcoholic beverage service before patrons become impaired or by proposing alternatives to driving if patrons have already become impaired. This paper examines the legal framework in which businesses licensed for the sale and on-premise consumption of alcoholic beverages operate. Dram Shop laws, common law liability and state Alcoholic Beverage Control laws are considered from the perspective of what impetus they give the owner and employees to intervene in potential drunk driving situations. A state by state tabulation of Dram Shop and common law liability is also presented.