Who Is Responsible For DUI?

DUI (Driving Under the Influence, called DWI, or Driving While Intoxicated, in some areas) is bad. There is really little to debate on this topic. The source of intoxication does not necessarily have to be alcohol, but can be drugs (illegal or not), and other sources of toxicity.

Below is an article that I pulled from the KOIN (Oregon) News Site.

The article poses the question about liability if a person who is DUI/DWI causes damage. It is important to know that, while specific laws vary from state to state, generally an establishment OR PERSON who serves a person to or beyond the point of intoxication can be liable for damages caused by the intoxicated person, just as if they had caused the damages, themselves. This also extends if the person or establishment does not make a reasonable effort to stop an intoxicated person from driving, even if the person arrived intoxicated.

Bottom line, understand what your responsibilities MAY BE, and DO THE RIGHT THING. Your friend or customer may be irritated or “un-friend” you, but they will may have a much higher likelihood of arriving alive, and remaining out of prison and out of bankruptcy.

 

Article courtesy of KOIN

MILWAUKIE, Ore. (KOIN) — Employees of a Milwaukie bar tried to stop a woman from driving when she left Friday night, moments before she allegedly caused a head-on crash in Clackamas County.

Lauren Felton may face multiple charges for the incident that began when tried to leave the Meadow’s Lounge, 5823 SE Johnson Creek Boulevard. Workers at the bar said they tried to stop her but she refused.

Moments later she hit another car head-on. Felton and the driver of the other car, Ronald Preuett, were both hospitalized.

The accident report was forwarded to the Clackamas County District Attorney. The Oregon Liquor Control Commission is also investigating.

“If someone who you’ve given alcohol to is insisting on drinking and driving, call 911,” said Christie Scott with the OLCC.

She said they look at different things to determine if a bar is responsible.

“What we look for are what factors led up to the person leaving intoxicated,” she said. “Was there an overservice issue that could have been addressed earlier in the night?”

Alyssa Anderson works at a bar several miles away from the Meadow’s Lounge. She told KOIN 6 News the OLCC has tight guidelines for bartenders.

“The Oregon law is pretty strict in that you have to make sure we’re not overserving people and make sure we have to do everything we can to make sure that people don’t drive drunk,” Anderson said.

The OLCC has a list of 50 signs of visible intoxication, which is part of their server training course.

“It’s not always the drunk falling off the barstool,” Scott said. “Sometimes it is a combination of characteristics.”