In September 2006, the National Highway Traffic Safety Administration funded the Pacific Institute for Research and Evaluation to conduct legal research on State statutes and regulations that pertain to alcohol sales and/or service to intoxicated people to reduce injuries and fatalities stemming from alcohol impaired driving. The research was to explore the variation in State sales to intoxicated people (SIP) laws and include examination of case law to assess how statutory language has been interpreted in court cases. The research was also to include a qualitative component that collected data on key issues specific to SIP law enforcement and adjudication practices. This report summarizes the findings of this research. Legal research findings related to six key elements: types of laws; defendants; definition of intoxication in statutory language; prohibited activities; evidentiary requirements; and penalties. The single most notable finding from the qualitative enforcement research is that SIP enforcement is relatively rare. Lack of enforcement appears to be due to three main factors: cultural norms/lack of political will to address SIP law violations; limited resources to engage in SIP enforcement operations; and statutory evidentiary provisions that make the collection of evidence overly burdensome. Other noteworthy findings concern factors that affect enforcement practice. Three case studies of State-specific enforcement and adjudication issues offer insight into SIP enforcement in Baton Rouge, Louisiana, and in California and New Mexico. The report concludes with 13 “best practice” recommendations. Laws Prohibiting Alcohol Sales to Intoxicated Persons is designed for policymakers, administrators, researchers, law enforcement professionals, health and safety advocacy groups, and others who are working to reduce injuries and fatalities stemming from alcohol impaired driving. The findings and best practice recommendations provide a foundation for augmenting their efforts to prevent these tragedies on the Nation’s highways with the effective application of State SIP laws. (Author/publisher)
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