Legal Headlines » DUI/Drunk Driving

DUI/DWI and Social Host Liability

admin — Sat, 26 Sep 2009 00:12:47 +0000

Social host liability refers to a person’s responsibility when supplying alcohol to guests. The laws surrounding social host liability vary greatly from state to state. In some states it only refers to adults serving alcohol to minors, and in some others it is covered under dram shop law.

Dram Shop Laws
In the 18th century, businesses in England sold spoonfuls of gin, called a dram. Dram shop laws refer to holding businesses accountable for any injury or damages caused by an intoxicated patron or employee. Dram shop laws differ from state to state, but generally the business or host must have known, or should have known that the patron was intoxicated and therefore posed a danger to themselves or to others. These laws were put into place to provide incentive for businesses to stop serving alcohol to intoxicated people even though it means an end to sales to that individual.
Social Host Liability
In states, where social hosts don’t fall under the dram shop laws, a social host is generally someone who provides alcohol as an act of hospitality, not for commercial gain. There are also differences in state law depending on if the alcohol was served to a minor or if the host is an employer and the event is considered a business event.

Serving alcohol to a minor is always illegal. Most states include laws that state that social hosts can be held liable for the actions of intoxicated minors. In some cases another minor can be held accountable for furnishing the alcohol, or the parents of the minor can be held accountable even if they weren’t in the home when the alcohol was consumed.

According to a DUI and criminal defense attorney in Phoenix, if you are convicted of DUI while a minor, who is fifteen years of age or younger is in the vehicle the court will sentence you pursuant to the guidelines established for a Class 6 Felony.

When it’s an employer hosting an event for employees, the employer host has to be especially careful because of the nature of the employer/employee relationship. An employee may feel compelled to attend an office party more than another type of social event.

Steps to Protect Yourself from Social Host Liability

There are steps you can take to help prevent social host liability because of your guests actions:

Ensure that no minors are served
Host your event at a bar or restaurant where the employees have been trained to stop serving intoxicated individuals
Don’t provide an open bar, if individuals are responsible for purchasing their own drinks then you have not furnished the alcohol
Provide free taxis to your guests

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about DUI/DWI Law.
Related Legal Pages: Dallas Attorney Michael Lowe. Serving clients throughout Texas.

Miami DUI car crash involving intoxicated police officer

admin — Fri, 08 May 2009 19:39:57 +0000

A Miami police officer, who crashed in February in his patrol car into a parked truck, will not face criminal charges, but has since left the department.

Investigators and Miami car accident law firm, Smith & Behary, have not found enough evidence to charge 24-year-old Sarah-Anne Hoyle with DUI and leaving the scene of an accident in this case.

In the early morning crash, Hoyle, who was blistered beyond belief, plowed into a parked van. The cruiser and the front wheel brake pads filed under the minivan. When officers arrived, the keys were still in contact but Hoyle was outside the car. There has not been any statement given to officers on the scene and further information will be gathered by the Miami accident law firm.

The officer will be subject to Alcohol Treatment Help for a period of 12 months before returned to active duty.

NBA star suspended after DUI arrest in California

admin — Tue, 07 Apr 2009 13:23:33 +0000

Zach Randolph, a forward for the Los Angeles Clippers, was arrested for suspicion of driving under the influence of alcohol Monday morning by the California Highway Patrol, according to San Bernardino DUI attorneys.

Several hours later, the Clippers suspended Randolph, 27, for two sets of what officials called “conduct detrimental to the team.” There are five games remaining in the Clippers season.

“I am sorry the situation happened,” said Randolph to Clippers practice facility. “I hope people do not rush to stop.”

Asked whether the incident revealed a wider problem, Randolph said: “I do not think so. Situations like that. It was a bad mistake and a misjudgment.”

Pulling claret at DUI stops a heavy-handed fishing expedition

admin — Sat, 17 Jan 2009 14:20:41 +0000

Drunk driving in Florida is serious, and being arrested for DUI in Florida is a baleful crime. Too abounding bodies do it, and abounding are accepting abroad with it, until, of course, tragedy strikes. So law administration admiral are appropriate to be advancing in advancing bashed drivers.

And that’s absolutely what the Palm Beach County Sheriff’s Office plan to seek claret samples at DUI checkpoints smells like — a big doughnut aperture austere into the U.S. Constitution.

According to Florida DUI attorney Mike Smith, Florida law recognizes a motorist’s appropriate to debris a animation test. But the disciplinarian faces austere after-effects for that refusal, including actual arrest and the accessible abeyance of his license.

Mike Smith is a DUI defense lawyer in Florida.