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Laws Prohibiting Alcohol Sales to Intoxicated Persons

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Laws Prohibiting Alcohol Sales to Intoxicated Persons DOT HS 811 142 May 2009 Laws Prohibiting Alcohol Sales To Intoxicated Persons Legal Research Report This document is distributed by the U.S. Department of Transportation, National Highway Traf­ fic Safety Administration, in the interest of information exchange. The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the Department of Transportation or the National Highway Traffic Safety Administration. The United States Government assumes no liability for its contents or use thereof. If trade or manu­ facturers’ names are mentioned, it is only because they are considered essential to the object of the publication and should not be construed as an endorsement. The United States Government does not endorse products or manufacturers. This report was prepared by James Mosher, Allyson Hauck, Maria Carmona, Ryan Treffers, Dave Reitz, Chris Curtis, Rebecca Ramirez, Aidan Moore, and Stacy Saetta, staff of the Pacific Institute for Research and Evaluation. Technical Report Documentation Page 1. Report No. 2. Government Accession No. 3. Recipient’s Catalog No. DOT HS 811 142 4. Title and Subtitle 5. Report Date Legal Research Report: Laws Prohibiting Alcohol Sales to Intoxicated Persons June 2009 6. Performing Organization Code 7. Author(s) 8. Performing Organization Report No. James Mosher, Allyson Hauck, Maria Carmona, Ryan Treffers, Dave Reitz, Chris Curtis, Rebecca Ramirez, Aidan Moore, and Stacy Saetta 9. Performing Organization Name and Address 10. Work Unit No. (TRAIS) Pacific Institute for Research and Evaluation 11720 Beltsville Drive, Suite 900 11. Contract or Grant No. Calverton, MD 20705 DTNH 22-06-H-00062 12. Sponsoring Agency Name and Address 13. Type of Report and Period Covered National Highway Traffic Safety Administration Legal Research Report 1200 New Jersey Avenue SE. September 2006 – August 2007 Washington, DC 20590 14. Sponsoring Agency Code 15. Supplementary Notes Robert L. Hohn was the Contracting Officer’s Technical Representative for this project. 16. Abstract In September 2006, the National Highway Traffic Safety Administration funded the Pacific Institute for Research and Evaluation to conduct legal research on State statutes and regulations that pertain to alcohol sales and/or service to intoxicated people to re- duce injuries and fatalities stemming from alcohol impaired driving. The research was to explore the variation in State sales to intoxicated people (SIP) laws and include examination of case law to assess how statutory language has been interpreted in court cases. The research was also to include a qualitative component that collected data on key issues specific to SIP law enforcement and adjudication practices. This report summarizes the findings of this research. Legal research findings related to six key elements: types of laws; defendants; definition of intoxication in statutory language; prohibited activities; evidentiary requirements; and penalties. The single most notable finding from the qualitative enforcement research is that SIP enforcement is relatively rare. Lack of enforcement appears to be due to three main factors: cultural norms/lack of political will to address SIP law violations; limited resources to engage in SIP enforcement operations; and statu- tory evidentiary provisions that make the collection of evidence overly burdensome. Other noteworthy findings concern factors that affect enforcement practice. Three case studies of State-specific enforcement and adjudication issues offer insight into SIP enforcement in Baton Rouge, Louisiana, and in California and New Mexico. The report concludes with 13 “best practice” rec- ommendations. Laws Prohibiting Alcohol Sales to Intoxicated Persons is designed for policymakers, administrators, researchers, law enforce- ment professionals, health and safety advocacy groups, and others who are working to reduce injuries and fatalities stemming from alcohol impaired driving. The findings and best practice recommendations provide a foundation for augmenting their ef- forts to prevent these tragedies on the Nation’s highways with the effective application of State SIP laws. 17. Key Words 18. Distribution Statement Alcohol statutes, alcohol regulations, alcohol law enforcement, over-service of al- This document is available to the public cohol, DUI, DUI reduction, alcohol sales to intoxicated people, retail alcohol sales online at www.nhtsa.dot.gov and from practices the National Information Service, Spring- field, VA 22160. 19 Security Classif. (of this report) 20. Security Classif. (of this page) 21 No. of Pages 22. Price 124 -- Form DOT F 1700.7 (8/72) Reproduction of completed page authorized i Acknowledgements The authors would like to thank the Special Investigations Division of the New Mexico Depart­ ment of Public Safety, the Alcohol and Gaming Division of the New Mexico Department of Regulation and Licensing, the California Department of Alcoholic Beverage Control, the Detec­ tive Support and Vice Division of the Los Angeles Police Department, the Louisiana Office of Alcohol and Tobacco Control and the Office of Alcoholic Beverage Control and Gaming En­ forcement within the City of Baton Rouge Louisiana’s Office of the Parish Attorney. Their will­ ingness to share information about this important area of alcohol law enforcement is truly appre­ ciated. ii TABLE OF CONTENTS Acknowledgements......................................................................................................................... ii Table of Contents........................................................................................................................... iii Executive Summary.........................................................................................................................1 Introduction......................................................................................................................................4 Research Methodology ....................................................................................................................6 Legal Research.....................................................................................................................6 Enforcement Research .........................................................................................................7 Findings............................................................................................................................................9 Legal Research Findings......................................................................................................9 Enforcement Research Findings ........................................................................................19 Case Studies...................................................................................................................................23 Baton Rouge, Louisiana.....................................................................................................23 California ...........................................................................................................................26 New Mexico.......................................................................................................................30 Discussion and Best Practice Recommendations ..........................................................................35 Addressing Variation and Uncertainty Within Legal Statutes...........................................35 Addressing the Challenge of Sufficient Resources for Enforcement ................................39 Conclusion .....................................................................................................................................44 References......................................................................................................................................45 Appendix A: Overview of SIP Statutes and Regulations .............................................................49 Appendix B: State SIP Statutes.....................................................................................................50 Appendix C: SIP Case Law ........................................................................................................101 Appendix D: Telephone Interview Protocol...............................................................................111 Appendix E: Onsite Interview Protocol......................................................................................115 iii EXECUTIVE SUMMARY In September 2006, the National Highway Traffic Safety Administration funded the Pacific Insti­ tute for Research and Evaluation to conduct legal research on State statutes and regulations that pertain to alcohol sales and/or service to intoxicated people. The research was to explore the variation in State sales to intoxicated people (SIP) laws and include examination of case law to assess how statutory language has been interpreted in court cases. The research was also to in­ clude a qualitative component that collected data on key issues specific to SIP law enforcement and adjudication practices. This report summarizes the findings of this research. The methodology employed for this study began with legal research using Westlaw, an online tool providing quick, easy access to current and historical statutes and regulations for all 50 States, the District of Columbia, and the Federal Government, case law, and law review journal articles. The first step of the legal research
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