Will New Liquor Laws in Oklahoma Impact DUI Arrests?
New liquor laws modernizing Oklahoma’s legal restrictions on sale of alcohol will go into effect in 2018. Consumers welcome the new laws, while liquor store owners are wary of reduced sales. The wider availability of alcohol could impact arrest rates for driving under the influence.
First, State Question 792 allows grocery and convenience stores to sell wine and strong beer. Before passage of this law, only liquor stores could sell liquor, wine, and beer with more than 3.2% alcohol. Starting on October 1, 2018, grocery stores and convenience stores can sell wine and stronger beer alongside low-alcohol beer.
The Retail Liquor Association of Oklahoma challenged State Question 792 twice in court, first arguing that liquor store owners were treated unfairly because of a regulation requiring liquor store owners to operate only two locations and to be Oklahoma residents for five years before obtaining a liquor license, while there is no such restriction for grocery or convenience store owners. In their second challenge, the Association made the similar argument that the regulation “violated the equal protection clause of the 14th Amendment of the Constitution because retailers selling similar products are given very different treatment by regulators.” Both of these legal challenges were unsuccessful.
Second, Senate Bill 411 permits beer and wine sales by license holders, such as grocery stores, convenience stores, and liquor stores, between 6:00 a.m. and 2:00 a.m. Liquor stores that sell hard liquor may make sales between 8:00 a.m. and 12:00 a.m. (midnight). Further, the bill allows licensed breweries to offer beer samples between 10:00 a.m. and 2:00 a.m. The bill provides for other modernizations of existing alcohol laws such as allowing breweries to sell beer at festivals.
Third, Senate Bill 211 prohibits sales of alcohol in Oklahoma counties on Sundays, unless voters approve. A majority of voters in the county must agree to permit Sunday sales either in a vote at a general election or in a special election called by the board of county commissioners. If the measure passes, Sunday sales of alcoholic beverages may be made between 12:00 p.m. and 12:00 a.m. (noon and midnight). Both of the Senate Bills go into effect on October 1, 2018.
These new liquor laws may result in an increase in arrests for driving under the influence, because not only will drivers be able to buy alcohol earlier and later in the day than before, but they will be able to buy wine and strong beer at many more stores. Wine and beer will be more available, and increased availability may mean more drivers who have consumed alcohol on the road. Once the laws go into effect in October 2018, their impact on DUI arrests will need to be assessed.
Do you need help fighting your Oklahoma DUI? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, can advise you on what to do next. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.