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

Wagner, Marvin H.; Cozzens, William A. · 1983 · ROSA P / United States. National Highway Traffic Safety Administration

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Summary

This report, Volume III of a larger project on using intermediaries to deter driving while intoxicated (DWI), evaluates the potential of Dram Shop Acts, common law liability, and state Alcoholic Beverage Control (ABC) enforcement as countermeasures. The research was motivated by the observation that many DWI trips originate at on-premise drinking establishments, where proprietors and service personnel could intervene by limiting alcohol service or arranging alternative transportation. The study aims to determine how legal frameworks influence these intermediaries to prevent impaired driving. The authors conducted a comprehensive review of the legal landscape across the United States, analyzing statutory provisions, judicial interpretations, and enforcement mechanisms. They compiled a state-by-state tabulation of Dram Shop laws and common law liability, noting that 13 states had Dram Shop provisions alone, 12 states and the District of Columbia relied on common law liability, eight had both, and 18 had neither. The analysis also examined the structure of ABC laws, distinguishing between license and control states, and reviewed enforcement procedures, including investigations, adjudication, and penalties. The authors noted that while detailed state-by-state enforcement statistics were unavailable, interviews with ABC officials in the Washington D.C. area provided insights into current enforcement practices. The findings indicate significant constraints on the effectiveness of civil liability approaches. Dram Shop and common law liability lack uniformity, creating confusion for vendors, and are often weakened by judicial interpretations that limit recovery or allow defenses like contributory negligence. Furthermore, the availability of liability insurance insulates tavern owners from financial risk, reducing their incentive to monitor patron intoxication. The low probability of successful litigation, combined with high legal costs and strong financial incentives to serve patrons, further diminishes the deterrent effect of these laws. In contrast, the authors found that stepped-up enforcement of ABC regulations offers more potential for encouraging intervention. However, current enforcement levels are generally low due to limited staff resources and low priority among law enforcement agencies. The report highlights a pilot program in New Jersey, where joint efforts between ABC investigators and state police intercepted intoxicated patrons and provided rides home, demonstrating a more direct enforcement approach. The significance of this research lies in its conclusion that while civil liability laws have theoretical merit, they are practically ineffective as DWI countermeasures due to legal inconsistencies and insurance protections. The authors suggest that accelerated enforcement of ABC laws, which impose direct administrative and criminal penalties on violators, is a more viable strategy. They emphasize that current laws often only address "obviously intoxicated" persons, leaving a gap for those who are impaired but not visibly so. The report implies that future efforts should focus on improving enforcement mechanisms and developing methods to identify and assist patrons who are impaired but not yet obviously intoxicated, rather than relying solely on the threat of civil lawsuits.

Key finding

Stepped-up enforcement of state Alcoholic Beverage Control laws and regulations offers more potential for encouraging intervention by liquor vendors than Dram Shop acts or common law liability.

Methodology

review

Provenance

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Topics

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• dui enforcement
• drowsy as impairment