This summer, among the many state laws that took effect in Indiana, one included two changes to the regulations around serving alcohol by bars, restaurants and other establishments.
Both of these changes, while a “win” for both business owners and consumers, could increase the chances of drivers being under the influence of alcohol.
Cocktails to-go are here to stay
The new law basically codifies what has been allowed for several years now: cocktails to-go. This practice was implemented in states throughout the country when hospitality businesses could not allow customers inside for public health reasons. Indiana is now among about half the U.S. states that have made their temporary “cocktails to-go” regulations permanent.
There are rules regarding how these drinks are to be sealed so that they’re not easily accessible to those in the vehicle. The Distilled Spirits Council cautions, “Cocktails to-go are intended for home consumption. Laws governing alcohol consumption must always be observed.”
A cocktail to-go would be considered an open container since it’s not in factory-sealed packaging. Therefore, it should never be in an area of a vehicle within reach of the driver or passengers. The truck is the safest place to keep these drinks.
Happy hours are back
The same law also brought back “happy hours” – something that was prohibited under the law nearly 40 years ago because of concern that it led to drunk driving. Under the new law, bars, restaurants and other appropriately licensed businesses can offer reduced prices on alcoholic drinks for a set period, as long as it doesn’t exceed four hours a day or 15 hours a week. They also can’t be between the hours of 9 p.m and 3 a.m.
In signing the law, Gov. Eric Holcomb acknowledged that the return of “happy hours” was “in response to not only their [business owners’] concern and advocacy, but also to the customer.” He also claimed that the new law “empowers” these businesses to serve alcohol responsibly.
While businesses have a responsibility not to knowingly overserve their customers, people are affected differently by different amounts of alcohol. If you find yourself facing a drunk driving charge, it’s crucial to take it seriously. Getting legal guidance as soon as possible can help you protect your rights and navigate the justice system.