Several crashes, one involving alcohol, highlight the need for increased accountability.The case involving the alleged felony DUI in Easley raises numerous issues. Obviously, if the allegations are true, the Defendant will face exposure not only to the criminal courts, but to the civil justice system as well. Felony DUI carries a minimum of one (1) year in jail and a maximum of up to twenty-five (25) years in jail. Furthermore, not only is the Defendant liable, but the entity or individual that furnished alcohol to the Defendant may have civil and/or criminal exposure. South Carolina’s “Dram Shop” laws prohibit the sale of alcohol to any person under the age of twenty-one (21). Therefore, it is possible that the gas station, restaurant, or private individual that provided the alcohol to Mr. Brezeale will face civil claims.
“Dram Shop” cases refer to liability that is established against the seller of alcohol. South Carolina Code §§ 61-4-580, 61-6-2220, 61-4-50, 61-4-90, and 61-6-4070 are the criminal alcohol control statutes. Violation of one of these statues renders the person or entity guilty of the violation liable to injured third parties for monetary damages. For example, if a gas station sells alcohol to an underage person without checking for a proper ID, and then that underage person gets drunk and crashes into a third party, the gas station is on the hook for any injuries. Any civil investigation into the Brezeale case will likely look hard at how and where Mr. Brezeale obtained alcohol.
All three of these tragic incidents involving automobiles, highlight the dangers of car crashes in South Carolina. Every year approximately 1,000 lives are lost on South Carolina highways. Furthermore, many those crashes are caused by drivers who are under the influence of drugs and/or alcohol. In recent weeks, Anderson, Greenville, and Spartanburg have suffered a rash of fatal car crashes culminating in the incidents over this past weekend.
