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Arizona Supreme Court Declares Liquor License Agency Immune in Drunk Driving Case

The Arizona Supreme Court has ruled that the state’s liquor license agency holds no duty of care in a case related to a DUI crash, dismissing claims from a family alleging overserving by a bar.
In an opinion released on Monday, the court affirmed the dismissal of the family’s claims against the Arizona Department of Liquor Licenses and Control. The case stems from a collision on Arizona State Route 69 involving a driver allegedly leaving a local bar with a blood alcohol concentration three times over the legal limit.
The plaintiffs contended that the agency failed to intervene, arguing it should have acted to prevent the bar from overserving alcohol. They claimed the liquor department ignored signs of over-serving and renewed the bar’s license despite prior infractions.
However, the justices concluded that Arizona law grants the agency considerable discretion and does not mandate specific actions tied to such legal claims. They clarified that state laws focus liability on those who actually serve and sell alcohol, not on the licensing agency itself.
The court emphasized that to establish a legal duty, state law must explicitly dictate certain actions or prohibitions. As such, the ruling highlights the limitation of responsibility assigned to the liquor licensing agency in scenarios involving alcohol-related incidents.
In related judicial decisions, the court has recently ruled on issues ranging from restitution for future lost wages in homicide cases to defining what constitutes a recorded deed under Arizona law.