DRAM SHOP
A term referring to liability of establishments arising out of the sale of alcohol to obviously intoxicated persons or minor who subsequently cause death or injury to third-parties as a result of alcohol-related crashes.
HAPPY HOUR LAWS
A term used to refer to reduced price or multiple drink alcohol sales practices and promotions that encourage excessive alcohol consumption.
HOSPITAL BAC REPORTING
A statute which requires or authorizes hospital personnel to report blood alcohol test results of drivers involved in crashes to local law enforcement where the results are available as a result of treatment.
MANDATORY SERVER TRAINING
Beverage Service Training and Related Practices establish requirements or incentives for retail alcohol outlets to participate in programs (often referred to as ""Responsible Beverage Service (RBS)"" or ""server training"" programs) to: (1) develop and implement policies and procedures for preventing alcohol sales and service to minors and intoxicated persons and (2) training managers and servers/clerks to implement policies and procedures effectively. Such programs may be mandatory or voluntary. In APIS, a program is considered to be mandatory if state provisions require at least one specified category of alcohol retail employees (e.g., clerks, managers, or owners) to attend training. States can have mandatory programs that included on-premise or off-premise establishments or both. Programs can be mandatory for new licenses, existing licenses, or both. This information came from the NIAAA APIS (updated through 7/1/2005).
PLATE SANCTIONS
A law allowing license plates to be impounded and destroyed.
LOWER BAC FOR REPEAT OFFENDER
These laws pertain to offenders who have had one or more prior DUI/DWI convictions.
REPEAT OFFENDER LAW THAT IS FEDERALLY COMPLIANT
Repeat offenders are those offenders who have two or more drunk driving offenses. In order to comply, the statute must include the following four penalties:
A minimum one-year hard license suspension, Impoundment, immobilization or the installation of an ignition interlock device on all vehicles owned by the offender.
All offenders must undergo an assessment of their degree of alcohol abuse and the law must authorize the imposition of treatment as appropriate.
There must be a mandatory minimum sentence.
Overview
Repeat offenders are a significant portion of the drunk driving problem – about one-third of all DUI arrests each year are of people who have been convicted previously of driving under the influence. (Fell, 1995) These are offenders who have been given the opportunity to mend their ways, but have not. They require additional sanctions and treatment that "normal" DUI sanctions cannot provide.
MADD's recommendations for dealing with these higher-risk offenders have been scientifically shown to work. First, MADD recommends trong>restrictions on driving, including at least a one-year license revocation and either impoundment or immobilization of the vehicle. Any probationary driving should be with an ignition interlock device on the car to prevent it from starting if the driver has been drinking. Second, MADD recommends restitution sanctions, including incarceration or house arrest, significant fines and restitution to any victims. Third, MADD recommends recovery provisions, including being assessed and getting treatment at a licensed substance abuse treatment agency, meeting with a case officer during probation, and attending a victim impact panel.
YOUTH CONSUMPTION OF ALCOHOL
States are coded as having this law if their policies specifically prohibit minors (defined as under age 21) from consuming alcoholic beverages. Note that this means observed drinking in most cases, not merely the presence of a positive blood alcohol concentration (BAC) from a breath test. A number of states have one or more of the eight exceptions such as drinking in private locations. States were coded as having this law if their policies specifically prohibit minors from consuming alcoholic beverages. The following eight exceptions were listed for this law:
Parent/Guardian Gives Consent
Parent/Guardian Is Present
Parent/Guardian Role Not Specified
Legal Age Spouse
In Any Private Location
In Private Residence
In Parent/Guardian's Home Only
Other (Religious, Educational, Medical)
However, underage people still have easy access to alcohol. Over 94 percent of twelfth graders and almost 68 percent of eighth graders report that alcohol is "very easy" or "fairly easy" to get. (Johnson, et al, 2003) This is due in part to loopholes in the 21 minimum drinking age law. Fifteen states do not prohibit the consumption of alcohol by those under 21. This forces law enforcement to prove that the underage person possessed the alcohol before drinking, which makes enforcement more difficult. Additionally, 15 states do not prohibit attempts to purchase alcohol by those under 21. In these states, underage potential drinkers can attempt to purchase alcohol at any number of stores with no legal sanction as long as they do not use fake identification.
While the 21 minimum drinking age law has significant effect because of the illegality (Tyler and Huo, 2002), enforcement is very important and these loopholes make the minimum drinking age harder to enforce.
SOCIAL HOST
Social host liability: statute or case law that imposes potential liability on social hosts as a result of their serving alcohol to obviously intoxicated persons or minors who subsequently are involved in crashes causing death or injury to third-parties. Learn more about social host liability.
