HSP_MGMT 1133 1st Edition Lecture 33 Outline of Last Lecture I. Dram shop liability continueda. Aramark caseb. Negligent entrustment examplec. Liability of social hostsII. ARTOSa. DWIsOutline of Current Lecture III. DWIs (continued)IV. Open container lawsV. Minor in possessionVI. Public intoxicationVII.Rules on happy hour/promotionsCurrent Lecture:Typical DWI Stop: (continued from last lecture)2. Field sobriety test- asking you to do certain things to see how you handle the situation 3. Officer’s discretion- Officer can say if you’re drunk or not; it’s pass fail—if I failed then Defendant is arrested and asked to take a chemical test; implied consent law—says that when These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.you get a drivers license you give your consent to future chemical tests, if you refuse to take a chemical test your license can be revoked for a year4. Refuse or accept the test- how long to decide?- You have 20 minutes to decide if you want to take the chemical test or not- You do have the right to call the attorney - Consequence of refusal- o Your license is revoked for a year, and they can proceed if they have enough evidence- Types of tests- breath, blood, urine, saliva- How many? They can only ask you to take 2 tests total. 2 breath tests, a breath and a urine test, usually 2 of the same type of test- Forced draw of blood? Blood is an intrusive test, government cannot take a blood test unless there is a search warrant or you have agreed to it; will only ask for a blood, urine, or saliva test if they think you’re on drugs- Can defendant obtain a competing test? So if they fail can they go out and get their own test and compete with the officer’s test? They can at their own cost- Results- .08% by weighto If BAC is below .08% can case proceed? If the gov’t can show special circumstances they can proceed— so if the officer has a video tape of a person who could hardly walk, was slurring speech, etc but still blew a .07, then they canproceed with the DWIo If above .08 what ramifications are there? The person is legally intoxicated and they can bring the results in court against you o What punishment? Level of punishment 1st offense- B misdemeanor 2nd offense- A misdemeanor 3rd- felonyDriving with excessive B A L (B A C)- A charge that is one notch below a DWI- BAC charge is something done after a DWI is filed in and they do it with your attorney asa plea bargain - It looks a little better on your record than a DWIOpen container laws-- State and local-Who targeted? What consequences?Missouri State law- says that an operator of a moving car cannot consume alcohol while operating the car; a passenger who is an adult can legally drink alcohol and not violate any lawsCity of Columbia Ordinance- two city ordinance about open containers:1. Operator of a moving car cannot consume2. Pedestrians on foot on city streets/sidewalks/parking lots cannot have an open container of alcohol at those locations3. What about football game day/tailgating? This is usually on university property, not city property; For the most part, officers look the other way on game day; 4. There is an exception in Columbia city ordinance for streets that have been closed off by the police chief (ex: roots and blues festival)Minor in possession- - Purchasing alcohol - Attempting to purchase it even if you don’t succeed—even if you just show a fake ID to aserver and she catches you - Being under the influence- Testing at .02 or above they can write you for an MIP - If you have alcohol in your close reaching area - Misdemeanor Public intoxication- - Laws that make it a crime to be intoxicated in certain designated public places- In MO it applies in schools, court houses, and churches- In Texas, law says it is a crime to be intoxicated in any public or private place… including barsRules on happy hour and related promotions- some states and cities have laws that prohibit price promotions on alcohol - Ex: Cannot give alcohol away, cannot offer it as a prize - Some laws say you cannot have happy hour because you cannot vary the price of alcohol by time of day - State of MO law says that alcohol cannot be advertised to be sold below its
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