Holiday Parties and Drunk Driving in Minnesota
Gatherings with family and friends are what make the holidays special. But they can also be an opportunity for guests to drink too much before driving home. Here’s what you should know.
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Cory WhalenDecember 14, 2024
Gatherings with family and friends are what make the holidays special. But they can also be an opportunity for guests to drink too much before driving home. Here’s what you should know.
Impaired driving remains a significant concern in Minnesota. Every year, thousands of Minnesota drivers are injured or killed in accidents involving alcohol. Minnesota police take this threat seriously. In 2024, there are already more than 18,000 arrests for driving while intoxicated (DWI). Despite these efforts, the problem shows no sign of vanishing.
And when the holiday season arrives, these types of accidents increase as party-goers get behind the wheel after a night of drinking. This increased risk casts a tragic shadow over what should be a time of joy and celebration.
In Minnesota, anyone with a blood alcohol level (BAC) of 0.08 or more is considered to be impaired. However, drivers can be arrested for DWI at even lower levels if they show signs of impairment. For some, even a single drink can be enough to make driving dangerous. And for anyone under 21, any amount of alcohol is illegal. Minnesota has a zero-tolerance policy for underage drinking and driving.
The consequences of drunk driving can be severe. Penalties include fines, jail time, and the suspension or loss of a license. A drunk driver can also be held liable for any damage or injuries they cause in an accident.
In Minnesota, law enforcement intensifies efforts during the holidays to curb drunk driving. For instance, in 2023, officers arrested 2,432 impaired drivers between Thanksgiving and New Year’s.
Nationwide, drunk driving during the holidays results in many tragedies. Between 2018 and 2022, 4,759 individuals lost their lives in alcohol-related accidents during the December months. In December of 2021 alone, 1,013 people died in drunk driving crashes.
These figures highlight the critical need for responsible behavior during the holiday season. Planning for sober transportation and making informed choices can prevent the devastating consequences of impaired driving, ensuring that the holidays remain a time of happiness for everyone.
Under Minnesota state law, it isn’t just drunk drivers who may face consequences for their actions. Hosts can also be held liable for the actions of their guests, especially if minors are involved. According to Minnesota Statute § 340A.90, a host can face legal action if an intoxicated minor who consumed alcohol at their event causes an accident, injury, or fatality.
Adults who provide alcohol to minors (or fail to prevent it) can be held responsible for the harm the underage drinker causes. Even if the host didn't directly serve alcohol, they could still be liable if they had control over the premises (i.e., they own the house or business where the drinking occurred).
Minnesota’s Dram Shop law can also be a factor. This law holds businesses liable if they overserve an intoxicated patron who then causes an accident. While these laws don’t extend to private parties, many holiday gatherings and events are held at establishments that serve alcohol, such as restaurants and bars. Several holiday events held throughout the Twin Cities also serve alcohol as part of the festivities, which can also lead to a Dram Shop liability case.
When hosting a holiday event, you can take steps to protect your guests from making a terrible mistake.
Before the celebration begins, arrange for designated drivers who commit to staying sober throughout the event or encourage guests to use rideshare services like Uber or Lyft. If planning an office party, consider providing taxi vouchers or hiring a shuttle service to ensure everyone has a safe ride home.
As a host, you set the tone for the event. Offer plenty of non-alcoholic beverage options, such as mocktails, soda, or sparkling water, to give guests an alternative to alcoholic drinks. Ensure a steady flow of food throughout the party to slow alcohol absorption. Avoid encouraging excessive drinking by refraining from topping off glasses or serving strong cocktails.
In Minnesota, it is illegal to provide alcohol to anyone under the age of 21, and violations can result in severe consequences for both the host and the minor. Keep alcohol in a secure location and consider assigning a responsible adult to serve drinks rather than allowing self-service. Intervene if you suspect someone underage has consumed (or will consume) alcohol.
Depending on the details of your party, you can assign a trusted individual to collect car keys as guests arrive. Then, when guests are ready to leave, you can return their keys to them – as long as you feel it’s safe for them to drive. If not, you can hold onto their keys and arrange alternate transportation.
If you’re hosting a party at your home, consider inviting guests to spend the night if they cannot get home safely. Have a few spare blankets or sleeping arrangements ready to accommodate those who need to stay. This simple gesture can save lives and ensure everyone has safe ending to the evening.
When dealing with a guest who appears impaired, remain calm and non-confrontational. Offer solutions in a kind and understanding way, such as arranging a ride or inviting them to stay the night. Speak slowly and clearly to ensure they can understand your reasoning. This approach helps to de-escalate potential conflicts and encourages guests to accept assistance.
If all else fails and a guest insists on driving while intoxicated, prioritize safety above all else. Call the authorities to intervene and prevent them from putting themselves or others at risk. While this may feel uncomfortable, it is a necessary step to protect everyone involved – and anyone else on the road.
By following these tips, you can help protect your friends and community from the dangers of impaired driving. And if you or a loved one has been affected by a drunk driving accident, know that SiebenCarey is here to help. With over 70 years of experience, we’re committed to supporting Minnesotans and protecting their rights.
Contact us today to learn how we can assist you during this challenging time. Together, we can make the holidays safer for everyone.
What should I do if a guest insists on driving home after drinking too much?
Encourage alternative transportation like Uber or Lyft. If possible, offer them a place to stay for the night so they don’t have to drive home. If they still refuse help, contact authorities to prevent potential harm.
Is it illegal to serve alcohol to minors at a private party?
Yes, under Minnesota's social host liability laws, adults can face civil action if they provide alcohol to minors who then cause injury or damage.
Can I be held liable for a drunk driving accident if I served the alcohol?
Social host liability laws hold individuals accountable if they provide alcohol to minors who subsequently cause harm or damage. However, these laws do not extend to serving alcohol to adults. If you serve alcohol to someone 21 or older, and they cause a drunk driving accident, you are generally not liable for their actions under Minnesota law.
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