Breathalyzer DUI question

[weno2501]

My question is, can a person who runs a side breathalyzer buisness outside a bar be held responsible if one of the persons who paid for a breathalyzer test gets a DUI or even a bad wreck was under the legal limit at the time of the test?

 

[CdwJava]

My question is, can a person who runs a side breathalyzer buisness outside a bar be held responsible if one of the persons who paid for a breathalyzer test gets a DUI or even a bad wreck was under the legal limit at the time of the test?

You can TRY to hold them accountable for some of the damages, but I doubt it will work. There are too many variables to know if the check is accurate or even relevant. Does he calibrate his device regularly? Is it properly maintained? Is it subject to the influence of mouth alcohol? Is your BAC rising or diminishing?

Understand that you can be impaired even below .08. If you take medication, heck, you can be impaired at .000!

If there is some idiot outside your local bar charging a fee for BAC checks, then he's opening himself up for potential liability. But, ultimately, YOU make the decision to drive while impaired, so you would have to face the music.

 

[weno2501]

Well I'm the "Idiot" who is trying to start a breathalyzer franchise to deter unsuspecting people who think "Well I just had a few drinks" from getting behind the wheel. As a previous bouncer at a bar, I've seen plenty of cases where people think that their "couple of beers" have not put them over the limit and drive anyways.

I just want to cash in on it and provide a service that isn't there at bars. My rational thought is if someone who gets a test prior to driving may make the better judgement to not drive if over the legal limit.

what do you think

 

[weno2501]

You can TRY to hold them accountable for some of the damages, but I doubt it will work. There are too many variables to know if the check is accurate or even relevant. Does he calibrate his device regularly? Is it properly maintained? Is it subject to the influence of mouth alcohol? Is your BAC rising or diminishing?

Understand that you can be impaired even below .08. If you take medication, heck, you can be impaired at .000!

If there is some idiot outside your local bar charging a fee for BAC checks, then he's opening himself up for potential liability. But, ultimately, YOU make the decision to drive while impaired, so you would have to face the music.

Also, I am willing to bet that 99.9% of the people who get DUI's wish they would have known that they were > 0.8 prior to driving.

Let me know what you think.

 

[CdwJava]

Well I'm the "Idiot" who is trying to start a breathalyzer franchise to deter unsuspecting people who think "Well I just had a few drinks" from getting behind the wheel. As a previous bouncer at a bar, I've seen plenty of cases where people think that their "couple of beers" have not put them over the limit and drive anyways.

I've seen people do this before ... if some guy blows a .05 in the machine and decides that means their fine to drive, he can always try to claim that you said he was okay to drive or some such thing. He might be able to make a successful claim for damages against you. Why risk it? Even if you win you might have to spend money to defend yourself.

I just want to cash in on it and provide a service that isn't there at bars. My rational thought is if someone who gets a test prior to driving may make the better judgement to not drive if over the legal limit.

what do you think

I think you underestimate the lack of judgement that comes with alcohol consumption.

Far too many people seem to think that if they are UNDER .08 they are good to go! That's simply not true! What you might be doing is giving people the green light to drive. If people take the test and blow .08 or better, will they actually not drive and call a cab? Maybe. My gut and world experience tells me no, but I suppose it's possible.

However, you do potentially open yourself up to liability if you do this. I have seen bars that offer this as a service and even have machines AT the bars that you can pop money into and blow. But, I believe they have disclaimers all over them such as that the device is for entertainment purposes only.

If you are truly doing this to provide a service, great ... but, since you are accepting money it is arguably a commercial venture and that could land you into a whole different ballpark in a couple of areas.

If you google the relevant terms you will find arguments both for and against them. If it were me, I wouldn't do it.

 

[weno2501]

Check.

I understand now. The potiential for someone to think that i gave them permission to drive is too great. Even if i had a contract stating that i am by no means liable for DUI or injury, the person on the other end is always looking for someone to blame but his/herself. And that can cost me more in the long run for a good defensive lawyer.

Thank you very much for the fast and clear replys.

 

[CdwJava]

I understand the desire to keep people from driving while impaired, and to make a buck. really, I do. But, this is a litigious society and I have seen a great many DUI drivers try to blame friends, bartenders, and even people that said they were fine for their own decision. While these claims usually fail to get any traction, I recall one restaurant in another city where I worked where the bartender had to personally defend himself from a lawsuit for allegedly serving the man a drink when he was already too impaired to drive. The retainer was about $5,000 and this was 15 years ago!

 

[startedone]

Gonna use the Intoxilzyer 5000 model? Really, why not also offer a road side sobriety check too that the police do? They do this test as well. You know, full service evaluation. Have them sign a wavier of liability ... alcohol content changes over time.

 

[HighwayMan]

Gonna use the Intoxilzyer 5000 model?...They do this test as well.

Where do you get THAT from? The Intoxilyzer 5000 is not a portable machine and is not used roadside.