Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

Can you get arrested if someone leaves your house drunk and gets a DUI or into an accident?
Find answers to your legal question.

Can you get arrested if someone leaves your house drunk and gets a DUI or into an accident?

So i'm having a party at my house. Everyone will be over 21 and my one friend tells me that if anyone is really drunk we can't let them leave because i will get in trouble and could go to jail if they get into an accident or a DUI. I've never heard any law like this before(i'm from PA) If anyone could help me clear this up because i think he dosen't know what he's talking about i'd appreciate it.

edward s
Not sure about being prosecuted for allowing them the leave but it would make no sense because you could be sued for not allowing someone to leave.

If that was the case every barman in the country would be behind bars Think about your questions are YOU are not responsible for other peoples actions

No. Only if you are with them at the time then you can be done for aiding and abetting or contributing.

Dan B
Usually not. BUT if they got into an accident where a death was involved, and you provided the liquor, you could be held criminally and civily liable for the death. It's called the "dram shop law".

California Street Cop
If that drunk person kills or injures someone, the victim could come after you for negligence, but thats a civil matter, not a criminal one.

ђєl๓คг๏ภ ♥ ợยєєภ ๏Ŧ ♥ ๒๏๏кฬ๏г๓ร
If you're in Britain you won't be held responsible, but as someone above said it might be advisable to ensure that they don't drink and drive. If there is a designated driver then lay in a supply of juice and other non alcoholic drinks. If some of your guests come from the same area then suggest that they club together to hire a taxi or minibus to take them home. I don't know how the law stands in America so I won't presume to say which is right or wrong. However, my three suggestions still apply. Enjoy your party. Happy New Year!

If you provided the alcohol and knowing let them leave when you knew they were too intoxicated to drive than yes you can be held liable. Best advice is to keep any members that are "over the limit" at the party until they sober up. Take keys, offer rooms, etc. whatever it takes to keep your friends safe and you out of any legal trouble. If someone sneaks out or forcibly leave after you have taken precautions to prevent it from happening you have a leg to stand on in court. Just for future reference if it was someone under 21 they will prosecute you no matter what.

old man on the hill
bars can and have been sued for a drunk patron who has an accident and hurts someone or destroys property. you could be liable if a guest at your party does the same people have sued tobacco companies and won when a loved one dies of lung cancer people have sued gun manufacturers when a weapon they made kills someone going to court on a drunk party guest causing an accident is a crap shoot. in case you haven't noticed public opinions on drunk driving are changing what will you do if sued, and you loose. i would ask all guest to leave their car keys with the host, or for them to have a designated driver who does not drink

El Scott
You could possibly be sued in civil court. In my state the only way you could be charged criminal is if you let them drive your car drunk. Do your friends (and everyone else out there) a favor and make them turn their keys in when they get to your house. If they are drunk don't let them drive. Either call them a cab or let them sleep it off at your house. Be a friend not an enabler.

You could get charged if you provided any alcohol at your party. As the host you could be held liable if any guest causes an accident upon leaving your party. Your best bet, take the keys of each guest and do not return them if they are too drunk to drive.

While some states have strict "host liquor liability" laws, according to the sited website, in Pennsylvania, via Klein v. Raysinger, social hosts are not liable for the actions of their *adult* guests.

Irv S
Criminal trouble? - No, but you are open to civil suit if you let a driver leave drunk with his keys, and he causes an accident.

I don't think you can be arrested for it or face criminal charges. However, if anyone is injured or property is damaged then someone might try to sue you. This will depend on whether you had a duty to stop the person from driving (which usually boils down to whether you provided the alcohol and could have reasonably foreseen an accident causing injuries). It would probably be difficult for someone to win that case against you, but why take the risk? Call them a cab.

i guess it depends on where you live. but as far as i know, the host of the party is responsible if someone leaves too drunk to drive and causes an accident. of course, that person would have to say where they were drinking for you to get charged. i don't think you are arrested, but you will get one h*ll of a fine.

You could be sued if one of your friends has an accident and hurts or kills someone.

You are liable.

enjoy your party buddy and stop worrying people are responsible for their own actions

No, if they're over 21, they're responsible for their own actions. Although it would make you a good host to arrange for some sober transportation, even if it's just the number of a local cab company by the door, as a courtesy. But you are not legally obliged to hold your friends in captivity.

No. It's not your responsibility to stop them in legal terms, but in moral terms, don't let your friends drink and drive.

Legal Discussion Forum

 what equitment do prison wardens have and is it better job than the police?
and is it dangerous please answer in much detail ...

 if i only have a simple caution from 2 years ago, when asked if have a criminal record do i say yes or no?

 can i be arrested at a magistrate court summons for no insurance or drivers licence?

 2 year sentence but only serve 3 months?
Someone I know recently got a custodial sentence of 2 years and 18 months to be served concurrently. After talking this through with the solicitor we then found that around 9-10 months of this would ...

 UK Police. Detective Sergeants- non Mets, rough payscale, 10 years service?
How much freedom would such a Sergeant get from their immediate supervisor in running their cases?...

 Boy George or a cup of tea or a gay bondage false imprisonment session followed by real prison session?

 Question for the UK, can a person be arested for refusing help from Mountain Rescue?

 What is the reoffending rate for the UK and other countries?
What is the rate of reoffending for criminals in the UK? Also does anyone know what it is for any other countries as well to put it into perspective?...

 I have been a victim of identity theft?
i had a letter through the post the other day sayin my personal details might have been used by someone else. So i rang this company up and i found out that the person was my eldest sister, she had ...

 How do police identify themselves when they respond to a dispatch call?
I imagine they have car numbers etc. (UK, specifically Edinburgh) Brilliant Nick. Exactly what I was after. Thanks!...

 Can they sack you if you're on a disciplinary and off sick?
They said they would have the disciplinary meeting in my abscence because i am off sick, they also said that they will make the descision in my abcence. i am wondering if they can sack me if that is ...

 My younger cousin's are getting bullied, what can the police do?
My younger cousin's who are both nearly 15 have been having problems with certain girls in their year (year 10) for a few weeks, they basically started saying really immature thing's to ...

 How do you know if police are playing good cop bad cop?
I realised in England you get good cops and bad cops. But how do you know if theyre playing it? I mean like in the movies? Do good cops play bad cops and vice versa?...

 metropolitan police..?
when do you think they will start to recruit? or PCSO, website says to keep checking back. its english police, you americans probably don't know,...

 will surrey police get the new black t shirt and cargo trousers as their uniform in the new future?
like thames valley police and hampshire?...

 How do you become a lawyer?
I'm in yr8 and I've wanted to be a lawyer for as long as I can remember. For like, family stuff (divorces and what not) so where would I start? What GCSE's should I do? etc. + I'...

 I was arrested/detained at a police station for couple hours for a crime that i didn't commit,?
A few later I received a call to say that they are giving me a warning. Is that a criminal offence....

 Saw a docu last night (Lockup)about a jail where the nonces mix with the other prisoners.Why?
It was in Alaska in the USA....

 Am i Peeing in the Wind Update!?
Well a weeks gone by and ive had time to reflect, Speak with family etc. So I’d though I’d post a bit of an update. First of all thanks to all who answered the original post loads of food for ...


Copyright (c) 2009-2013 Wiki Law 3k Monday, February 8, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links