Social host liability laws are enacted to hold hosts accountable for any alcohol related injuries that were the result of the host serving alcohol to minors (under the age of 21 for this discussion) or adults. Presently, the State of Setonia has no formalized common-law duty addressing social host liability. In light case recently heard in the Setonia Court where a clearly intoxicated driver struck a pedestrian after departing a social gathering, it was questioned if Setonia should seek to formulate a common-law duty for social host to prevent guests from departing a social gathering and driving while intoxicated, impaired, or under the influence of alcohol. Two court decisions, with markedly opposed decisions, from Delaware (Shea v. Matassa, 2007) and North Carolina (Hart v. Ivey, 1992), were reviewed in anticipation of the potential formulation of a common-law duty of a social host to prevent guests from departing a social gathering and driving while intoxicated, impaired or under the influence of alcohol.
People like to go to parties and have fun all the time and what’s a party without alcohol, right? The problem with drinking at parties, however, is that many don’t know that they have become drunk and end up driving around after they leave the party. Drunk driving is dangerous and those driving that have high blood alcohol content or concentration (BAC) increases their risk of causing or being a part of accidents such as vehicle crashes or highway injuries (“Driving,” n.d.). The article “About Drunk Driving” (n.d.) states that every 53 minutes on average, someone is killed in a drunken driving crash and every 90 seconds, someone is injured.
Driving under the influence of alcohol has been a major issue in America, spanning all the way back to more than 50 years ago (Raymond). Many accidents are caused from drinking and driving yearly, resulting in thousands of deaths and injuries involving innocent people. When alcohol is mixed with driving a motor vehicle, there are no limits to who may be at risk. This means that drunk driving has been harming, hurting and killing many innocent people in America. Over the years I have witnessed many aftermaths of drunk driving accidents and have heard of multiple accidents resulting from alcohol use involving people I know, and people I do not know. Sometimes, in accidents like these, all parties involved may walk away from the accident with
A DUI conviction is a permanent part of ones driving record. Even though alcohol related accidents are on the decline, statistics show that a drunk driver kills someone every forty-five minutes. More so, fifty to seventy percent of drunk drivers whose licenses are suspended continue to drive. In 2000, alcohol related crashes cost the public $114.3 billion dollars! Drunk driving carries with it serious penalties from the court system and car insurance companies. One moment of fun can turn into a lifetime of heartache and tragedy. Therefore, it is not worth the risk. Possible prevention measures and solutions are not only for the law enforcement, but for the public as well. Drunk drivers face a hardcore court system, which is intolerant of DUI. Stricter penalties such as automatic licenses revocation, mandatory jail sentencing, vehicle impounding, and licenses plate confiscating are just a few ways the judicial system is handling the DUI problem. Programs such as Mothers Against Drunk Driving and Students Against Drunk Driving have led the way to bringing awareness to society. People need to be responsible and supervise their consumption to ensure that they do not drink too much. They have a moral and a legal responsibility to make sure of this. It is always best to have a designated driver. The most effective way people can prevent driving drunk is to make a personal decision not to drink
Although, if you have already been drinking your mental state and thought process can be severely altered due to excessive amounts of alcohol. Then it is important to designate someone to drive everyone to their homes, this person will have gone with those who are drinking in an attempt to corral them home without any kind of flaws. In our current technologically advanced society you can call an Uber or and kind of taxi to take you back home without having the drunk person try to drive.” There is always a better option. Keep the roadways safe along with your loved ones and the loved ones of others by not drinking and driving”
If you drink and drive, you are not only a danger to yourself but also to your passenger, other road users and pedestrians. In fact, every 30 minutes, someone in this country dies in alcohol-related crash. Every 30 minutes! And last year alone more than one million people are injured in
Drunk driving is a dangerous problem that needs to be addressed in our society, not only to cut back on the number of deaths caused by alcohol related accidents but also to ensure safety on public roads. Drunk driving is deliberately breaking the law, as well as a sign of indifference for other drivers.
Next, by lowering the drinking age, it would reduce college binge drinking by promoting safer drinking habits. “The problem here is obvious. If a 21-year-old woman overindulges at the bar, the bartender, friends, or even other patrons can encourage her to stop. If she becomes ill or injured, someone is there to help” (Hall). Drinking legally in public can be beneficial in saving lives and an overall sense of safety for young adults. A bartender is responsible for each person they serve and for their safety. If you had too much to drink at a party would your friends assume the responsibility of your well being? Ordinarily, a bartender will execute everything in their
Many people who drink may experience lack in basic motor skills even though they believe that they 're fine. The ability to walk a straight line, stand, or even operate a vehicle becomes a matter of life and death. “Alcohol-impaired driving crashes account for approximately one third of all crash fatalities in the United States” (Jewett, Shults, Banerjee, and Bergen 1). Percentage wise this along makes up about thirty-three percent. That number will continue to rise unless action is taken. Jewett, Shults, Banerjee, and Bergen states, “An estimated 4.2 million adults reported at least one alcohol-impaired driving episode in the preceding 30 days, resulting in an estimated 121 million episodes and a national rate of 505 episodes per 1,000 population annually” (1). This is just the United States alone and the number of alcohol related incidents is already in the millions. According the blood alcohol concentration the legally drunk limit is .08 grams. After that number is reached the person is no
Generally, dram shop laws establish the liability of establishments arising out of the sale of alcohol to visibly intoxicated persons or minors who subsequently cause death or injury to third parties because of alcohol related car crashes and other accidents. Dram shop law is legal in 38 states, on the other side California recently passed legislation specifically banning such strict liability. Sometimes is hard to prove that the liquor bought or served was the specific cause of an accident, since there is always an intervening cause, the drunk. Basically, if you served one customer at bar you get in trouble because he was intoxicated, not able to drive, he might cause an accident, you get in trouble for that (the bar).
Undoubtedly, the legal limit for drinking while driving desperately must be reconsidered. Driving after consuming any amount of alcohol is negligent and hazardous. The concern of drinking and driving is a state law; therefore, the rules and laws may vary among the states. Regardless, drinking while driving is an enormous concern in all 50 states and getting behind the wheel of a vehicle after consuming any amount of alcohol should not be tolerated under any circumstances. “The amount of alcohol in the bloodstream is called Blood Alcohol Concentration (BAC). It is measured in milligrams percent. In most states, drinkers are presumed to be legally impaired if they have a blood alcohol concentration of 0.08% or higher. This is the same as one drop of alcohol in 1,200 drops of blood. While this may seem a small amount to worry about, a blood alcohol concentration of 0.30 can cause a person to go into a coma, while a blood alcohol concentration level of 0.40 could easily kill you” (Chaves County DWI Program). A surprising statistic to most people is, on average about three drinks will put an individual over the legal limit. One drink is considered 12oz beer, 3oz of wine, and 1oz of hard liquor (Arizona Department of Public Safety). Many people get behind the wheel, after having just a few drinks, believing that they have
Alcohol in large doses can be very detrimental to not only the user but to people around him/her. For example, if a man was to go to a club and drink a lot of alcohol, in which his body cannot withhold; his heavy intakes will lead to dizziness, vomiting, and impaired breathing and in extreme cases, unconsciousness and coma that can lead to death. According to Caron, underage drinking is a leading public health problem in the United States. Each year, approximately 5,000 young people under the age of 21 die as a result of drinking: 1,900 from motor vehicle accidents, 1,600 from homicides, 300 from suicides, and hundreds from other injuries such as falls, burns, and drowning. This shows that anyone on the road near an intoxicated driver is in grave danger as they can be killed or badly injured in an instant as the drunk driver has slight control over anything they are doing. Many reckless kills have been made by drunken drivers/people over the years resulting in many families to pay the price of losing a family member for no relevant reason at all but making alcohol increase death rates that could be provoked by intruding prohibition.
Even if the person appears to be fine and there is no one to drive their car, call a taxi. The amount of money that it costs does not even compare to how priceless a life is. Many little things come into affect when you are socially drinking and it is better to be safe then sorry. Children always are afraid that their parents will be upset with them if they are intoxicated. One hundred percent of parents would rather have their kids home alive and drunk, then get in a car with a drunk driver and run the risk of death. Driving drunk impairs everyone and no one is immune to it. Driving an automobile while under the influence of alcohol is one of the most dangerous things a person could do. This is because they are not only dangering themselves, but the other drivers on the road. There is no safe way to drink and drive. One drink may complicate a person's ability to drive a vehicle. It has been said in some reports that drinking heavily can even impair a person's driving in the morning after they wake up. These two organizations are leading the way in the harsh battle to stop people from drinking and driving. The best way to stop this horrible epidemic is to make people aware and to educate them. These two groups as well as many others are trying to do so. They promote parties on weekends for kids to go to, just so they are not in danger of drunk drivers. Many schools around the country have clubs to try and help prevent