Dram Shop and right of detention?
As far as I know, Indiana has a Dram Shop law. Does this mean that I have the right to detain anyone who I am hosting and is intoxicated until such time as that person is no longer intoxicated? What measures must I take that would completely fulfill the Dram Shop responsibility? Do any of these measures require that I break laws against unlawful restraint or detention? If so, then what basis do I have for choosing which law to violate in order to obey the law?
1 Answer from Attorneys
Re: Dram Shop and right of detention?
IC 7.1-5-10-15.5 contains the so-called dram shop law. Go to this link to read it. http://www.in.gov/legislative/ic/code/title7.1/ar5/ch10.html.
Your duty is to serve no one who is intoxicated. If someone becomes intoxicated then you should pursuade them to stay, not drive, and you may even be required to provide safe transportation home. I doubt if the law gives you the right to forcibly detain anyone, even though you could be liable for their conduct. So, call the police if any detaining needs to be done. Your instructions are to obey all the laws. And the first law here is don't serve any alcoholic beverage to intoxicated persons. You know who they are.