Utah Motorists Need to be Aware of Drunk Drivers This Holiday Season

December 18, 2012

With the holiday season now in full swing, many Utah families are finding themselves traveling several miles as they attend countless celebrations and festivities. And while this time of year is generally a happy and joyous time for most families in Utah, it can quickly turn tragic if families happen across party-goers on the road that chose to get behind the wheel after drinking.

National Impaired Driving Prevention Month

Drunk driving accidents can have serious, or even deadly, consequences. Not only is it a punishable criminal act, but once a life is lost to a drunk driver this holiday season it can never be replaced. Because of this, a recent Presidential Proclamation declared December as National Impaired Driving Prevention Month. The goal of this proclamation is to raise awareness of impaired driving - such as driving drunk or on drugs - and to increase road safety during the holiday season and throughout the year.

In accordance with National Impaired Driving Prevention Month, Mothers Against Drunk Driving (MADD) has offered tips to help keep holiday revelers safe this festive season:
- Make sure to have a sober driver designated before starting any celebration
- If hosting a party, plan a safe one by making sure to have non-alcoholic drink options available and not serving alcohol until the last hour of the gathering
- Never serve alcohol to anyone under 21 years of age
- Make sure to be prepared to get everyone safely home in case plans or circumstances change

Unfortunately though, no amount of planning and prevention can help in situations in which you have no control. For instance, even if you only attend or plan responsible parties, there are likely still thoughtless drunk drivers out there who will put other motorists' lives needlessly at risk.

Utah Dram Shop Laws

It is important to note that under Utah law not only can a drunk driver be responsible for injuries they cause but in certain situations the bartender who ignored the bar patrons alcohol use or abuse can also be held liable. This type of liability is generally referred to as Dram Shop liability and is contained in Utah's Alcoholic Product Liability Act.

Under this act, any bartender who gives or sells alcohol as part of the "commercial sale, storage, service, manufacture, distribution, or consumption" of alcohol can be liable for the injuries or deaths caused by an intoxicated bar patron after they leave the bar if the bartender served alcohol to the patron, and the patron is:
- An individual under the age of 21;
- An individual who is already apparently under the influence of alcohol or drugs;
- An individual whom the bartender knew, or should have known, was under the influence of alcohol or drugs given the circumstances; or
- An individual who is a known interdicted, or prohibited, person.

Obviously this is only a simple overview of Dram Shop liability in Utah as there are many nuances and legal complexities to the law - as such this article should not be taken as legal advice. Consequently, if you have been injured by a drunk driver who was served too much by a bartender this holiday season it may be a good idea to speak with an experienced drunk driving accident attorney in order to learn what your rights and options are given your circumstances.

Article provided by Eisenberg Gilchrist & Cutt
Visit us at www.eisenbergandgilchrist.com