Posts Tagged ‘alcohol’

Jennifer was traveling east on Route 6 between Tafton and Milford, when all of a sudden and without warning Sleepy Sam, driving in the opposite direction, crossed the center line causing an almost head-on collision. The state police were quick to investigate and Sleepy Sam had a .06 blood alcohol level, according to the police report. Since the blood alcohol level was below .08, it was insufficient to charge Sam with driving under the influence.

It came out during litigation, though, that Sam was taking special medication which had specific instructions on it that it was NOT to be taken with alcohol. As it turned out, the medication along with the alcohol, as all the medical experts agreed, would have impaired Sam’s ability to drive.

Issue: Will the combination of the medication and the alcohol be admissible in evidence?

Answer: Yes. Pennsylvania law defines “driving under the influence” to include not only alcohol but also a controlled substance and/or a combination of both. Even if Sam was not aware of the effects of the combination, he would be liable for the effects of the same.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

The Holiday Season is a joyous time to celebrate with family and to reconnect with old friends.  Many times, as hosts, we greet our friends and family with rich foods, beer and wine.  Make sure that you remain conscious and observant at your holiday festivities regarding the amount of alcohol that your guests are consuming.  Here are a few tips to make you a better host:

1. Always serve food at your celebrations instead of just alcohol;
2. Have an adult pour your guests= drinks so that someone is observing the appearance and actions of your friends
3. Use smaller glasses to serve alcoholic drinks;
4. Remind your guests that Pennsylvania=s level of intoxication is now .08.
5. Stop serving alcohol an hour or two prior to the ending of the celebration.

By following the above recommendations you may very well avert your family and friends from confronting a DUI investigation or even worse, an accident.

When it comes to minors drinking at your holiday celebrations, you must be even more cognizant of their actions and the law.  In Congini v. Portersville Valve Co., 504 Pa. 157, 470 A.2d 515, the Pennsylvania Supreme Court held that a Social Host could be liable for the injuries sustained by others on account of a minor consuming alcohol at a social event.  The court reconfirmed the public policy that minors are incompetent to handle alcohol.  There is an affirmative duty upon adults not to serve minors alcohol at social functions.

So, enjoy this blessed holiday season but know the law as it pertains to you, your guests and alcohol.

Respectfully Submitted,

Brian G. Price, Esquire