Drinkers, Drivers, and Bartenders: Balancing Private Choices and Public Accountability.

Sloan, Frank A., Stout, Emily M., Whetten-Goldstein, Kathryn, and Liang, Lan. Drinkers, Drivers, and Bartenders: Balancing Private Choices and Public Accountability. Chicago: Chicago University Press, 2000. xiv + 293 pp. $50.00, paperback $22.50. Legislative approaches to curbing the incidence and consequences of drunk driving in the United States have focused primarily on reducing alcohol consumption and on regulatory measures. Drinkers, Drivers, and Bartenders by Sloane et al. focuses on one approach to regulation, namely tort law, which assigns the burden of responsibility for the outcomes of drunk driving to servers of alcohol, be they in licensed premises or private settings. The book combines a comprehensive literature review with survey findings conducted on the topic by the authors. Throughout the book, the theoretical framework and review of the relevant literature are elegantly integrated with original findings by the authors. This juxtaposition makes the book readable and more interesting than a straight review of a rather dry topic would normally seem. The first part of the book is dedicated to an overview of different forms of regulation that affect drivers and commercial servers of beverage alcohol. It begins with a historical perspective on the evolution of administrative regulation in the United States, including Prohibition. The next chapters provide a detailed analysis of criminal law and tort liability, mostly as directed at servers, but also as relates to drivers, particularly in the area of insurance. The origins of tort law and "dram shop" liability are reviewed, providing a useful and comprehensive context for the issue of liability insurance for commercial servers, addressed in the subsequent chapter. The latter portion of the book presents the findings of a nationwide survey conducted by the authors in which bar owners, managers, and employees were asked about their views on server liability and its effectiveness as a deterrent for intoxicated patrons and for irresponsible serving practices. The methodology used in the survey is contained in an annex at the end of the book. As part of their analysis of survey findings, the authors present the effects of various policies aimed at drunk driving on the occurrence of motor vehicle death rates. The final chapter summarizes the key findings of the book and their implications for public policy. Based on their analysis of empirical data and on a review of relevant literature, the authors reach a series of conclusions about the policy implications of regulation, in particular legal regulation through civil law, for reducing alcohol consumption and the adverse consequences of alcohol abuse. The overall conclusion of the book seems to be that regulatory measures which curtail the availability of alcohol and rely on legal recourse are more effective than other types of measures. Given the economic costs of certain abusive and harmful drinking patterns, and the impact of these patterns on the drinker, on other individuals, and on society as a whole, the authors argue that public intervention with multiple targets is necessary, in particular intervention through legal means. Although it is hard to disagree with the notion that multiple targets for intervention are necessary and effective, especially in the case of reducing behaviors such as drunk driving, the question remains whether regulation and punitive measures alone, regardless of whom they target, can achieve the desired effect. There has been a shift over recent years in the focus of alcohol research and with it of prevention approaches away from across-the-board regulation, reduction of per capita alcohol consumption, and legislation, and toward a greater emphasis on drinking patterns. This view offers a targeted venue for intervention and at the same time allows for measures that are designed to minimize the harm attributable to alcohol abuse in certain settings and for certain populations without unnecessarily affecting (or penalizing) the general population. These approaches are not addressed by the authors except in passing as examples of practices that are ineffective. It can be argued, however, that certain harm reduction measures have proven to be highly successful in a number of countries around the world and without a heavy reliance on the legal system. This raises the question as to whether the conclusions reached by the authors, both from their review of the literature and also from the survey and interviews conducted to form the empirical basis for this book, would also hold true in a society in which alcohol occupies a different role than it does in the United States, and one which is not as litigious and does not place the same degree of emphasis on punitive measures. Several of the issues raised, such as the sale of alcohol to minors and underage drinking in general, do not apply in many countries around the world. Similarly, issues raised with respect to drunk driving also do not hold true across cultures, especially in developing countries, where road traffic accidents may involve drunk pedestrians and cyclists rather than drivers. The caveat to the reader, therefore, is that extrapolation of the findings from the United States setting to other cultures may not be useful. The other issue that must be raised is that of individual choice and the degree to which it is to be factored into any analysis of responsibility. Although tort law as applied to product liability is intended to protect the consumer who may not have access to full and complete information regarding a given product, the case of alcohol is quite different. The effects of alcohol consumption and the consequences of alcohol abuse are well documented and, in fact, common knowledge. Therefore, the decision to drink is made with the full awareness by the drinker of the potential outcomes. It seems, therefore, that the book falls somewhat short of its title. Public accountability is addressed in depth, but the issue of private choice could be explored more fully. Nevertheless, the book offers a comprehensive and scholarly approach to the issue at hand, namely, the effectiveness of tort law as a deterrent for irresponsible serving practices and drunk driving. It is well written and well researched, and is comprehensible even to those not well versed in the law, and as such represents a valuable resource for anyone interested in legal liability issues and drunk driving policy approaches and legislation in the United States. Marcus Grant, D.E.S., President Marjana Martinic, Ph.D. Director of Science Policy; International Center for Alcohol Policies; Washington, DC 20036