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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).
Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. An example of such a law in common-law areas of Canada: a Good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment. By contrast, a duty to rescue law requires people to offer assistance and holds those who fail to do so liable.
In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance intoxication. Where a crime requires a certain mental state to break the law, those under the influence of an intoxicating substance may be considered to have reduced liability for their actions. With regard to punishment, intoxication may be a mitigating factor that decreases a prison or jail sentence. Numerous factors affect the applicability of the defense.
A dram shop is a bar, tavern or similar commercial establishment where alcoholic beverages are sold. Traditionally, it is a shop where spirits were sold by the dram, a small unit of liquid.
License suspension or revocation traditionally follows conviction for alcohol-impaired or drunk driving. However, under administrative license suspension (ALS) laws, sometimes called administrative license revocation or administrative per se, licenses are confiscated and automatically suspended independent of criminal proceedings whenever a driver either (1) refuses to submit to chemical testing, or (2) submits to testing with results indicating a blood alcohol content of 0.08% or higher.
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability.
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be:
Personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to his or her body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
Alcohol server training is a form of occupational education typically provided to servers, sellers and consumers of alcohol to prevent intoxication, drunk driving and underage drinking. This training is sometimes regulated and mandated by state and local laws, predominantly in North America, and increasingly in other English-speaking countries such as Australia. In some places, such as Australia, gaining such qualifications is required by law, before one can work to sell alcohol.
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity.
In criminal law, strict liability is liability for which mens rea does not have to be proven in relation to one or more elements comprising the actus reus although intention, recklessness or knowledge may be required in relation to other elements of the offense. The liability is said to be strict because defendants could be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of mens rea.
Childs v Desormeaux, 2006 SCC 18 is a Supreme Court of Canada decision on the topic of social host liability. The Court held that a social host does not owe a duty of care to a person injured by a guest who has consumed alcohol.
Alcohol consumption by youth in the United States of America, also known as underage drinking, is an umbrella term for alcohol consumption by individuals under the age of 18 in the country.
Stewart v Pettie, [1995] 1 SCR 131 is a leading decision of the Supreme Court of Canada on the duty of care owed by commercial establishments serving liquor.
In the United States, a Minor in Possession or a MIP, is any person under the legal drinking age of 21 who possesses or consumes alcohol. Underage consumption is illegal, typically a misdemeanor. In California, depending on the county in which the person is charged, the crime may also be charged as an infraction. Anyone under the age of 21 who possesses alcohol in the United States with the exception of special circumstances is violating the law of the state.
Medical amnesty policies are laws or acts enacted protecting from liability those who seek medical attention as a result of illegal actions. Such policies have been developing most notably in colleges in the United States regarding alcohol use by students. Schools such as Cornell University have implemented such policies to protect students seeking medical attention from illegal action for underage drinking and possession of alcohol and/or other drugs. The purpose of such policies is to reduce the hesitation caused by fear of legal action to seek medical attention. Similar policies are applicable at many levels: colleges and universities, local communities, as well as state governments. In 2012, The Medical Amnesty Initiative was started with the specific purpose of advocating for the introduction, passage, and education of medical amnesty legislation throughout the United States.
The state laws governing alcoholic drinks 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 serving of alcohol in the Commonwealth of Massachusetts is governed by the Alcoholic Beverages Control Commission (ABCC), which is responsible for issuing licenses and permits for all manufacturers, wholesalers and importers, out-of-state suppliers, brokers, salespeople, warehouses, planes, trains, ships, ship chandlers and vehicles transporting alcoholic beverages.
Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony.
A person must be at least be 21 years of age to publicly drink an alcoholic beverage in Texas, with some exceptions
References
- ↑ Grube, Joel W.; Stewart, Kathryn (1 January 2004). "Preventing Impaired Driving Using Alcohol Policy". Traffic Injury Prevention. 5 (3): 199–207.
- ↑ French, M.M.; Kaput, J.L.; Wildman, W.R. (1984). "Social Host Liability for the Negligent Acts of Intoxicated Guests". Cornell Law Review. 70. Retrieved 22 September 2017.
- 1 2 3 "Social Host Liability for Underage Drinking Statutes". National Conference of State Legislatures. 27 March 2014. Retrieved 22 September 2017.
- ↑ "Hickingbotham v. Burke, 140 NH 28, 662 A. 2d 297 (1995)". Google Scholar. Google. Retrieved 22 September 2017.
- ↑ "Dram Shop Civil Liability and Criminal Penalty State Statutes". National Conference of State Legislatures. 14 June 2013. Retrieved 22 September 2017.
- ↑ "Childs v. Desormeaux, 2006 SCC 18". CanLII. Retrieved 22 September 2017.