LAS VEGAS (KTNV) — Much of Las Vegas’ economy relies on businesses that sell alcohol, but with impaired driving continuing to be one of the top killers of all Nevada traffic crashes, should alcohol-serving businesses be held accountable?
According to the Nevada Office of Traffic Safety, there were 246 deadly crashes from January to August of this year, with half of them related to driving under the influence.
In recent weeks, there have been even more deadly DUI crashes. Most notable is the loss of two Nevada State Police troopers in November.
Metro police said Sergeant Michael Abbate and Trooper Alberto Felix were killed last month when a drunk driver crashed into them on I-15. The troopers were responding to another suspected drunk driver when the crash happened.
“It was devastating,” said Sandy Heverly, the executive director of Stop DUI. “They’re out trying to keep the rest of us safe, and their lives were taken in a heartbeat.”
Stop DUI is a local nonprofit focused on educating the public on the dangers of driving under the influence.
The suspect accused of crashing into the two troopers is 46-year-old Jemarcus Williams. According to a Metro arrest report, he was drinking heavily at Palms Casino just hours before the crash.
Police also said the driver the troopers were checking on was 33-year-old Guillermo Pacheco, who reportedly had a strong odor of alcohol coming from him and told police he was at a work party at Planet Hollywood.
But according to state law, establishments like Palms or Planet Hollywood most likely won’t be held liable.
That’s because Nevada doesn’t have what’s called a dram shop law.
“A Dram shop law is essentially a law that says that if you're an establishment serving liquor, if you continue to serve alcohol to someone who is visibly impaired, then you can be liable if they leave your establishment and in that impaired state, cause injury,” said UNLV law professor Jeffrey Stempel.
Stempel authored a 33-page publication called “Making Liquor Immunity Worse: Nevada’s Undue Protection of Commercial Hosts Evicting Vulnerable and Dangerous Patrons” in 2014.
In it, Stempel highlights Nevada’s lack of dram shop laws and the negative consequences of it.
“In Nevada, the court has said, as a matter of common law, that you don’t have a duty as an alcohol-serving establishment to stop serving the inebriated or intoxicated,” said Stempel. “I think Nevada is just so out of step with the rest of the United States on this particular legal issue.”
Currently, 42 states have some sort of dram shop legislation. Nevada is one of only eight states that don’t have it.
“As much as we like to support an entertainment industry in Nevada, that just seems like way too much protection for anti-social conduct,” said Stempel. “Dram shop laws could save lives, and they would make the bartenders, waitresses, waiters, and liquor-serving establishments more conscious and more careful.”
Clark County District Attorney Steve Wolfson acknowledges DUI is a big problem in our valley and said there are six prosecutors in his office dedicated solely to prosecuting DUI.
“That can be an impairment with regard to alcohol, nonprescription drugs, prescription drugs or just distracted drivers. But the bulk of it is alcohol, DUI-related cases,” said Wolfson. “We receive many, many cases every week.”
However, Wolfson is unsure if dram shop laws would mean fewer DUI cases in his office because Las Vegas is a 24/7 town.
“Our businesses, our communities thrive on what we are as a city here in Las Vegas,” said Wolfson.
But this is exactly why Stempel and Heverly believe major entities that own our valley’s hotels and casinos would strongly oppose social host liability laws because of the possible impact on its businesses.
Channel 13 reached out to the Nevada Resort Association, which represents Nevada’s gaming and resort industry, but a spokesperson said, “We’ll pass on this opportunity.”
Heverly doesn’t believe dram shop laws could pass in Nevada in her lifetime. Instead, she hopes to advocate for legislation that will enforce stricter punishment for DUI offenders.
“One of the things that we would like to see that we’re going to pursue in our next legislative round is to remove the three prior DUIs that are required before the district attorney’s office can prosecute vehicular homicide,” said Heverly.
Wolfson agrees punishment for impaired drivers should be increased but says there also needs to be more public awareness.
“I think our punishments do need to be increased. I don’t think punishments are enough,” said Wolfson. “I think education awareness, more effort at educating the public on what happens if you drive while impaired and get into an accident and cause injury or death. I mean, the cost to the victims, the cost to the offender's family, there are many, many families that are injured financially.”
