Most adults who drink alcoholic beverages enjoy them in moderation. Unfortunately, there are those among us who drink to excess, sometimes regularly. As we all know, people who have consumed too much alcohol often get behind the wheel and drive on public streets and highways. Alcohol, especially when consumed to excess, impairs one’s eyesight, judgment, and coordination which compromises one’s ability to quickly react to developing traffic conditions. All of this leads to unnecessary collisions.
Ever since the development of the automobile, drunk driving has been an evolving problem. Especially now that there are literally hundreds of millions of motor vehicles on our nation’s roads, accidents caused by drunk drivers have reached crisis proportions. It is no mystery that a drunk driver is far more likely than a sober driver to cause an accident resulting in severe injury or death. The National Highway Traffic Safety Administration estimates that in 2009, there were 33,808 fatalities arising from automotive collisions and that 10,839 of those (almost one-third) involved intoxicated drivers.
Because of the great number of accidents and injuries caused by drunk drivers, the Arizona State Legislature in 2001 lowered the legal limit for the maximum amount of blood alcohol content (BAC) that a person can have in their system from .10 to a new maximum of .08. The Legislature also increased the criminal penalties for driving while intoxicated. Many people are not aware of how little alcohol consumption it takes to reach a blood alcohol limit of .08. A standard drink generally consists of either one beer, 4-5 ounces of wine, or one ounce of distilled spirits (80 proof alcohol). Each drink will raise the alcohol concentration in one’s blood by .025. Simply put, four standard drinks in a short amount of time can put the average person over the legal limit to drive. Of course, this formula can vary depending on a number of factors, including the person’s size and body mass index. Also, the average person metabolizes (eliminates) alcohol at a rate of one standard drink an hour.
Obviously, any person that causes an accident is liable to the innocent victims of that accident; this is especially true where alcohol was a cause of that accident. But, the impaired driver may not be the only one responsible for the accident. When an intoxicated driver causes an accident after consuming alcohol in a bar or restaurant, that bar or restaurant may also be liable to the innocent victims.
In Arizona, a bar or restaurant which is licensed to sell alcohol owes both a common law and statutory duty to serve alcohol responsibly. These duties (more commonly known as "Dram Shop" laws) are designed to protect against drunk drivers endangering the general public, as well as themselves. The common law duty is based upon a "know or should have known" standard, i.e., a bartender serves a customer 8 drinks in one hour "should know" that the customer will likely become intoxicated. The statutory duty restricts a bartender from serving alcohol to a customer who is "obviously intoxicated," meaning a customer who has exhibited signs of intoxication (slurred speech, bloodshot water eyes, stumbling, etc.).
In Arizona, a bar or restaurant which is licensed to sell alcohol owes both a common law and statutory duty to serve alcohol responsibly. These duties (more commonly known as "Dram Shop" laws) are designed to protect against drunk drivers endangering the general public, as well as themselves. The common law duty is based upon a "know or should have known" standard, i.e., a bartender serves a customer 8 drinks in one hour "should know" that the customer will likely become intoxicated. The statutory duty restricts a bartender from serving alcohol to a customer who is "obviously intoxicated," meaning a customer who has exhibited signs of intoxication (slurred speech, bloodshot water eyes, stumbling, etc.).
The need for these laws is clear – because bars and restaurants earn profits from the sale of alcohol (and their employees earn more money through tips), they have the financial incentive to maximize revenue by selling as much alcohol as possible. The legal obligation to regulate the amount of alcohol consumed provides a counterweight to the natural inclination to sell more drinks.
Dram shop laws do not relieve an intoxicated person from liability when he or she voluntarily consumes too much alcohol and then drives a car; rather, they are more a recognition that an establishment licensed to sell alcohol should not place profits over public safety. These establishments are required by law to ensure that their employees are trained in the proper techniques of alcohol management. Because these employees are specifically trained to serve alcohol responsibly, they are in the best position to ensure that they do not unleash a drunk motorist on an unsuspecting public. They can accomplish this goal by not allowing a customer to become intoxicated in the first place (serving alcohol responsibly). In the event that occurs however, they should discontinue alcohol service and provide that person safe transportation home.
We are Phoenix drunk driving accident lawyers and have assisted many persons who have been injured and family members of persons who have been killed by drunk drivers. We are also Arizona dram shop lawyers. For more information about our law firm and the services we provide, please contact us at http://www.swclawyers.com/
We are Phoenix drunk driving accident lawyers and have assisted many persons who have been injured and family members of persons who have been killed by drunk drivers. We are also Arizona dram shop lawyers. For more information about our law firm and the services we provide, please contact us at http://www.swclawyers.com/
