From Deseret News archives:

Bar owners feeling sting of DUI laws

Published: Saturday, July 20, 2002 8:18 p.m. MDT
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The second avenue allows victims or relatives of a person injured or killed by a drunken driver to sue under Utah's Dram Shop Act. The law was enacted by the Legislature in 1981 to establish an avenue of civil relief against those who violate laws prohibiting the sale of alcohol to minors, obviously intoxicated persons or habitual drunks. Liquor licensees typically have insurance that pays these claims.

Those who violate the act can be held civilly liable for injuries suffered by "any third person, or to the spouse, child or parent of that third person" caused by the intoxicated individual. Under Utah's dram shop statute, a person can only collect $500,000 per injury per incident from a specific tavern. The maximum collectable amount is $1 million regardless of the number of people involved.

In the accident in which Oseguera and Dugdale were killed and Aaron Sharples injured, the three families were paid $900,000, which they had to split, according to Deborah Hudson.

The third route toward retribution has been little used until recently, says Lt. Ed Michaud, section commander of the 12-person team that handles alcohol violations for the state's criminal investigations bureau.

This involves action by the state agency that sells and regulates alcohol sales in Utah.

"We are plowing new ground here," Michaud said. "These kinds of investigations haven't been done in the past in auto homicide cases."


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"A popular hangout for anyone who likes to consume large amounts of beer while shooting pool and listening to rockin' tunes."

— A review describing Liquid Joe's on the Web site (utah.citysearch.com).


Last month, after recommendations from alcohol enforcement officers, the Department of Alcoholic Beverage Control suspended the private club's license for 22 days and fined it $1,300 plus administrative costs. The ruling also ordered two bartenders, Jason Pellum and Ryan Pedersen, to be suspended for 10 days each, while two other bartenders received written warnings, confirmed Christine Johnson of DABC's licensing and compliance office.

Although there is a spot on a conventional DUI arrest report that asks for the location where the driver was drinking, police officers often leave off this information. Without that information, alcohol compliance officers are hamstrung in any attempt to fine a bar or suspend or revoke its alcohol license.

Communication is getting better, Michaud said. His unit is being notified of fatal accidents quicker and is taking action on several cases.

But tackling enforcement of serving over-intoxicated patrons is much more than a DUI issue, he said. When bars and restaurants break the rules and serve too much to a drinker, they also contribute to domestic violence, alcohol poisoning, fights and other alcohol-related problems.

Recent comments

that was sad that someone lost their life because someone had to...

chris | May 15, 2008 at 11:39 a.m.

that is just sad they had just begon to live life and that guy killed...

chris | May 15, 2008 at 11:34 a.m.

Image
Jeffrey D. Allred, Deseret News

Liquid Joe's in Salt Lake County is closed due to alcohol violations.

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