Creedmoor, NC asked in Business Law and Traffic Tickets for North Carolina

Q: Can a bar or nightclub serving alcohol report over the mic the locations of all license checks occurring in the area?

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1 Lawyer Answer
Bill Powers
Bill Powers
  • Traffic Tickets Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: Yes. The bar or nightclub is likely protected by the 1st Amendment of the United States Constitution.

BUT, that doesn't mean there couldn't be some other "comeuppance."

If the ABC permitted business provides that information, knowing it is over-serving its patrons or otherwise encouraging "drunk driving" in North Carolina (DWI or Driving While Impaired), they could be held financially liable under the NC Dram Shop laws.

FTR, you do NOT need to be "drunk" or "drunken driving" to be charged and convicted of impaired driving in NC.

So while likely not technically illegal, it certainly is not smart or legally advisable.

We've seen certain "hard drinking" establishments in Charlotte NC going a bit further, using social media to post checking station or DWI checkpoint information.

Police know that and have several options available, including what are often referred to in court as "Sat Patrols" or saturation patrols, where a concentrated number of officers convene in a pre-selected area for the very purpose of vigorously enforcing the NC DWI laws.

Furthermore, if ABC finds out about it, one shouldn't be surprised if ABC officers start looking into compliance with the alcohol serving laws in North Carolina. ALE Alcohol Law Enforcement would also likely have a keen interest in flouting the laws and over-serving people or serving underage people, which tend to go hand-and-hand.

Bill Powers - Charlotte NC Lawyers

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