American Beverage Institute

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The American Beverage Institute is a trade group based in Washington, D.C. that lobbies on alcoholic drink related issues on behalf of the restaurant industry. It describes itself as "dedicated to protecting the on-premises dining experience - which often includes the responsible consumption of adult beverages." ABI was set up in 1991 by Richard Berman, executive director of the public affairs firm Berman and Company. [1]

Contents

Advocacy

The group sometimes sends letters or columns to newspapers arguing that laws that have been adopted to fight drunk driving are ineffective or inappropriate. [2] It supports a targeted approach to combating drunk driving that includes the use of roving patrols instead of sobriety checkpoints, and restricting use of ignition interlock technology to high blood alcohol concentration (BAC) and repeat drunk drivers. [3] Sarah Longwell, ABI's managing director, argues in the Tampa Tribune that judges should be involved in the decision as to whether or not a low-BAC, first-time offender should have an interlock installed in his or her car. [4]

In 2013, ABI announced its opposition to the National Transportation Safety Board's proposal to persuade states to lower the blood alcohol limit, citing the fact that lowering the limit is not among the most effective ways to stop drunken drivers. [5] Since then, ABI has continued to fight .05 laws in states where they are introduced. [6]

The most aggressive campaign against .05 legislation launched by ABI occurred in Utah during 2017 and 2018. [7] On top of penning op-eds critical of a lower legal limit for driving, the group also ran an advertisement titled "Utah: Come for Vacation, Leave on Probation." [8] [9] [10] Utah’s .05 law goes into effect at the end of 2018. [11]

MADD founder joins ABI

In 1994, Mothers Against Drunk Driving founder, Candy Lightner, joined the American Beverage Institute. She said she supported laws punishing repeat offenders and those who drove after imbibing large amounts of alcohol, but not steadily reducing thresholds for breath tests which progressively lower amounts of social drinking. [12] In 2010, Lightner wrote a letter to an ABI executive thanking him for his continued support working "on legislation that would increase punishment for drivers who drive with a higher blood [alcohol] content." [13]

In 2013, Lightner opposed the lowering of the blood alcohol limit, opposing the National Transportation Safety Board's efforts to persuade states to do so. [14]

Related Research Articles

<span class="mw-page-title-main">Blood alcohol content</span> Metric of alcohol intoxication

Blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level, is a measurement of alcohol intoxication used for legal or medical purposes.

<span class="mw-page-title-main">Alcohol intoxication</span> Behavioural and physical changes due to the consumption of alcohol

Alcohol intoxication, also known in overdose as alcohol poisoning, commonly described as drunkenness or inebriation, is the behavior and physical effects caused by a recent consumption of alcohol. In addition to the toxicity of ethanol, the main psychoactive component of alcoholic beverages, other physiological symptoms may arise from the activity of acetaldehyde, a metabolite of alcohol. These effects may not arise until hours after ingestion and may contribute to the condition colloquially known as a hangover. The term intoxication is commonly used when large amount of alcohol is consumed along with physical symptoms and deleterious health effects.

Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For drivers under 21 years old, the legal limit is lower, with state limits ranging from 0.00 to 0.02. Lower BAC limits apply when operating boats, airplanes, or commercial vehicles. Among other names, the criminal offense of drunk driving may be called driving under the influence (DUI), driving while intoxicated or impaired (DWI), operating [a] vehicle under the influence of alcohol (OVI), or operating while impaired (OWI).

<span class="mw-page-title-main">Driving under the influence</span> Driving a motor vehicle while under the influence of an impairing substance

Driving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, to a level that renders the driver incapable of operating a motor vehicle safely. Multiple other terms are used for the offense in various jurisdictions.

<span class="mw-page-title-main">Mothers Against Drunk Driving</span> Nonprofit organization

Mothers Against Drunk Driving (MADD) is a non-profit organization in the United States, Canada and Brazil that seeks to stop driving with any amount of alcohol in the bloodstream, support those affected by drunk driving, prevent underage drinking, and strive for stricter impaired driving policy, whether that impairment is caused by alcohol or any other drug. The Irving, Texas-based organization was founded on September 5, 1980, in California by Candace Lightner after her 13-year-old daughter, Cari, was killed by a drunk driver. There is at least one MADD office in every state of the United States and at least one in each province of Canada. These offices offer victim services and many resources involving alcohol safety. MADD has claimed that drunk driving has been reduced by half since its founding.

<span class="mw-page-title-main">Ignition interlock device</span> Breathalyzer for an individuals vehicle

An ignition interlock device or breath alcohol ignition interlock device is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle. If the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration, the device prevents the engine from being started. The interlock device is located inside the vehicle, near the driver’s seat, and is directly connected to the engine’s ignition system. It is a form of electronic monitoring.

Richard B. Berman is an American lawyer, public relations executive, and former lobbyist. Through his public affairs firm, Berman and Company, he ran several industry-funded, non-profit organizations such as the Center for Consumer Freedom, the Center for Union Facts, and the Employment Policies Institute.

DWI courts are a form of court that exists in some United States legal jurisdictions, that use substance-abuse interventions and treatment with defendants who plead guilty of driving while intoxicated or impaired. DUI courts may focus on repeat offenders and drivers with very high levels of blood alcohol at the time of the offense. As of December 2011, there were approximately 192 designated DUI courts in the United States, and approximately 406 drug courts that also accept DUI offenders.

<span class="mw-page-title-main">Random checkpoint</span> Temporary military or police roadblock

A random checkpoint is a military and police tactic. In a military context, checkpoints involve the setup of a hasty roadblock by mobile truck- or armored vehicle-mounted infantry to disrupt unauthorized or unwanted movement or military activity and to check for valid identification and search for contraband, fugitives, or weapons that are not permitted in civilian hands. Random checkpoints are set up to achieve surprise, as opposed to known permanently located checkpoints, which suspects could circumvent. They are often established in locations where they cannot be observed by approaching traffic until it is too late to withdraw and escape without being observed.

Rebekah Lynn Warren is a former American Democratic legislator from Ann Arbor, Michigan, who represented the 55th District of the Michigan House of Representatives from January 1, 2019 until January 1, 2021. She was elected to this position on November 6, 2018, beating Republican opponent Bob Baird, 74% to 26%. Previously, she served two terms as State Representative for Michigan's 53rd District, from 2007 to 2010, and two terms in the Michigan Senate, from 2010 to 2018. She was arrested for drunk driving and fleeing police in a motor vehicle on December 26, 2019.

<span class="mw-page-title-main">Alcohol laws of New Jersey</span>

The state laws governing alcoholic beverages in New Jersey are among the most complex in the United States, with many peculiarities not found in other states' laws. They provide for 29 distinct liquor licenses granted to manufacturers, wholesalers, retailers, and for the public warehousing and transport of alcoholic drinks. General authority for the statutory and regulatory control of alcoholic drinks rests with the state government, particularly the Division of Alcoholic Beverage Control overseen by the state's Attorney General.

The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime. Thresholds range from the limit of detection (zero-tolerance) to 0.08%. Some countries have no limits or laws on blood alcohol content.

Leandra's Law is a New York State law making it an automatic felony on the first offense to drive drunk with a person age 15 or younger inside the vehicle, and setting the blood alcohol content, or BAC, at 0.08. The bill was unanimously passed by the New York State Assembly and the New York State Senate and then signed into law by Governor David Paterson on November 18, 2009.

<span class="mw-page-title-main">Drunk driving</span> Operating a motor vehicle under the influence of alcohol

Drunk driving is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash.

<span class="mw-page-title-main">Alcohol-related traffic crashes in the United States</span>

Alcohol-related traffic crashes are defined by the United States National Highway Traffic Safety Administration (NHTSA) as alcohol-related if either a driver or a non-motorist had a measurable or estimated BAC of 0.01 g/dl or above.

<span class="mw-page-title-main">Field sobriety testing</span> Battery of tests used by police officers

Field sobriety tests (FSTs), also referred to as standardized field sobriety tests (SFSTs), are a battery of tests used by police officers to determine if a person suspected of impaired driving is intoxicated with alcohol or other drugs. FSTs are primarily used in the United States, to meet "probable cause for arrest" requirements, necessary to sustain an alcohol-impaired driving conviction based on a chemical blood alcohol test.

Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with impaired driving based on blood alcohol levels of 0.01 or higher, and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher.

Birchfield v. North Dakota, 579 U.S. 438 (2016) is a case in which the Supreme Court of the United States held that the search incident to arrest doctrine permits law enforcement to conduct warrantless breath tests but not blood tests on suspected drunk drivers.

<span class="mw-page-title-main">Cannabis and impaired driving</span> Overview of the relationship between the use of Cannabis and impaired driving ability

Two main questions arise in the law surrounding driving after having ingested cannabis: (1) whether cannabis actually impairs driving ability, and (2) whether the common practice of testing for THC is a reliable means to measure impairment. On the first question, studies are mixed. Several recent, extensive studies–including one conducted by the National Highway Traffic Safety Administration and one conducted by the American Automobile Association (AAA)–show that drivers with detectable THC in their blood are no more likely to cause car crashes than drivers with no amount of THC in their blood. Others show that cannabis can impair certain abilities important to safe driving –but no studies have been able to show that this increases the actual risk of crashing, or that drivers with THC in their blood cause a disproportionate number of crashes. On the second question, the studies that have been conducted so far have consistently found that THC blood levels and degree of impairment are not closely related. No known relationship between blood levels of THC and increased relative crash risk, or THC blood levels and level of driving impairment, has been shown by single-crash or classic-control studies. Thus, even though it is possible that cannabis impairs driving ability to some extent, there are currently no reliable means to test or measure whether a driver was actually impaired.

<span class="mw-page-title-main">Sarah Longwell</span> American political strategist

Sarah Longwell is an American political strategist and publisher of the conservative news and opinion website The Bulwark. A member of the Republican Party, she is the founder of Republican Accountability, which spent millions of dollars to defeat then-President Donald Trump in 2020. According to TheNew Yorker, Longwell has "dedicated her career to fighting Trump's takeover of her party".

References

  1. Levine, Sam (31 October 2014). "Rick Berman Encouraged Energy Executives To Use These Nasty Tactics On Environmentalists". The Huffington Post. Retrieved 13 November 2014.
  2. Longwell, Sarah (July 22, 2008). "Phony drunken driving stats". philly.com, Philadelphia Daily News. Archived from the original on 2008-08-01. Retrieved 2008-07-22.
  3. "The American Beverage Institute" . Retrieved 2012-08-07.
  4. Longwell, Sarah (Jan 4, 2012). "The uncompromising campaign to end social drinking one law at a time". tbo.com, Tampa Bay Online. Archived from the original on February 3, 2013. Retrieved 2012-08-07.
  5. "Beverage group rips 'ludicrous' call from NTSB for lowered blood alcohol limit". 15 May 2013.
  6. "Why Alcohol Is Still the Most Dangerous Drug". www.governing.com. 27 June 2018. Retrieved 2018-10-31.
  7. Montero, David (29 May 2017). "Liquor lobbying group declares war on Utah with ad campaign in neighboring states over strict drunk driving law - Los Angeles Times". Los Angeles Times . Retrieved 2018-10-31.
  8. "Op-ed: Lower alcohol limit won't address the real safety problems". The Salt Lake Tribune. Retrieved 2018-10-31.
  9. "Op-ed: Problems of lower alcohol limit are many, and the advantages are non-existent". The Salt Lake Tribune. Retrieved 2018-10-31.
  10. "Utah bars fighting the state's strict new DUI law with fundraising and petition drive". The Salt Lake Tribune. Retrieved 2018-10-31.
  11. Romboy, Dennis (2018-02-28). "Utah House committee rejects bill to delay .05% DUI law". DeseretNews.com. Retrieved 2018-10-31.
  12. Lewin, Tamar (1994-01-15). "Founder of Anti-Drunk-Driving Group Now Lobbies for Breweries". The New York Times. Retrieved 2010-04-23.
  13. "Letter from Candy Lightner to ABI" (PDF). Retrieved 2012-08-07.
  14. Steven, Nelson (28 May 2013). "MADD Founder: Don't Lower the Legal BAC Limit". U.S. News & World Report . Retrieved 3 March 2023.

Further reading