Why Aren’t Bars Equipped with Breathalyzers? Exploring Liability, Responsibility, and Solutions

Bars and restaurants have long been a hub for socializing and enjoying drinks. However, the issue of preventing drunk driving often lingers. Why don’t bars have breathalyzers to check patrons before they hit the road? This article delves into the reasons behind this dilemma, the potential benefits of such a system, and the broader implications for public safety and liability.

Bar Policies and Liability Concerns

The lack of breathalyzers in bars primarily stems from legal and liability concerns. Bars don't want to be responsible for determining whether patrons are too drunk to drive, nor do they wish to bear the liability if they misjudge the situation. In many cases, under the influence, even when confronted with the evidence, heavy drinkers are likely to ignore the warning and drive.

Most jurisdictions mandate that breathalyzers be state-controlled and installed in police stations or jail booking rooms. This regulation ensures that only trained personnel can administer tests and ensures accuracy. As a result, bars cannot legally or practically install breathalyzers on their premises.

Portable Breath Testers and the Market

There are alternative solutions, such as portable breath testers (PBTs), which are not state-controlled but can be used to gauge sobriety. Some bars do employ PBTs, and they can be purchased privately as well. On eBay, for instance, one can find various PBTs, albeit labeled as 'breathalyzers,' to appeal to a broader audience who are not familiar with the correct terminology.

Notably, the legal consumption of alcohol in bars is typically not regulated by the establishment. Many bars even have minimum drink orders, reflecting the fact that patrons are responsible for their own behavior and competency.

Legal and Societal Implications

A system requiring breathalyzers at the bar entrance could potentially reduce drunk driving incidents. By mandating that patrons submit to a breathalyzer test before purchasing a drink, bars could prevent individuals with a BAC above the legal limit from drinking and driving. This initiative, combined with a uniform federal law and absolving auto manufacturers of liability if devices malfunction, could significantly improve public safety.

However, such a system is not without challenges. Some individuals might be unconvinced by legal measures, driving anyway after any test. Despite this, preventing people from damaging property, sustained injuries, and fatalities would be a significant benefit, potentially reducing the overall societal costs associated with drunk driving.

Alternative Measures

An innovative idea involves requiring patrons to surrender their vehicle keys when purchasing alcohol. The concept is that patrons could only retrieve their vehicle keys after a specific time period, allowing the last drink to be absorbed. This method has drawn criticism from individuals, particularly liberal supporters, who are concerned about the administrative burden and potential implementation issues.

Others propose stronger legal penalties for drunk driving, such as making OVI (Operating a Vehicle Intoxicated) a felony rather than a misdemeanor. This approach aims to deter people from driving under the influence, potentially by instilling a greater fear of the consequences.

Public education and responsible drinking policies can also play a crucial role. Promoting the message that drinking is okay, driving is okay, but doing both simultaneously is extremely dangerous is essential. Encouraging individuals to drink responsibly, perhaps in isolated areas, can further reduce the risk of drunk driving accidents.

Concluding Thoughts

While the idea of requiring breathalyzers in bars may seem like a straightforward solution, it involves a complex interplay of legal, ethical, and social factors. The consequences of drunk driving are severe, and efforts to address this issue must balance individual freedom with public safety. By exploring alternative measures, such as portable breath testers, minimizing minimum drink orders, and promoting responsible drinking, we can work towards a safer society where the risks of drunk driving are minimized.