QUESTION
Will I be liable for someone leaving my house drunk and getting a DUI?
Asked on Aug 30th, 2011 on Criminal Law - Michigan
More details to this question:
If someone left your house drunk and got a DUI are you liable?
15 ANSWERS
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
No, not unless that person injured someone or is a minor.
Answered on Jun 26th, 2013 at 1:18 PM
If they got into an accident you could be. If they were just arrested for DUI not likely.
Answered on Jun 11th, 2013 at 1:27 AM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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You may be depending on the circumstances.
Answered on Jun 11th, 2013 at 1:23 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 07th, 2013 at 12:57 AM
Daniel Kieth Martin
Generally no however this question cannot be answered definitely because the law is constantly changing. Many years ago California held bar owners liable for serving alcohol to patrons that were too drunk to drive. There are have cases where a person has been liable for serving alcohol to a person who left and injured someone because they were too drunk. To be on the safe side you should be careful to monitor every person's consumption while at your house. If a person appears to have consumed too much, politely insist that they leave or stop consuming alcohol until you are comfortable with the situation.
Answered on Sep 06th, 2011 at 9:01 AM
Jacob P. Sartz
I'd recommend you retain an attorney to assist you with this matter. The proverbial answer is yes and no, and depends on your particular facts. You will need to privately consult with an attorney if you need specific legal advice for your particular circumstances. Whether a person is ultimately liable depends on the specific facts and depends on how someone is trying to make the party host liable. In terms of potential criminal charges, there are several different possibilities. If the driver was a minor, for example, the police will certainly go after the party host or homeowner if that minor drank alcohol at their home. If the drunk driver was involved in an accident, then the victims of the accident may attempt to incorporate the party-hosts into some type of civil claim, especially if the hosts were engaged in some type of negligent behavior regarding serving alcohol. Restaurants and bars are more commonly sued civilly and face possible civil infractions or criminal charges when their patrons pick up OUI's or DUI's, especially after an accident, than private homeowners; but it all depends on the circumstances. While private individuals hosting parties may not face the same litigation risks, generally, there are still scenarios where they could be found responsible in someway for a patron or guest's OUI. I'd recommend you obtain a lawyer. Party hosts or homeowners may confront both civil and criminal cases depending on a person's particular factual circumstances.
Answered on Sep 02nd, 2011 at 4:55 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You very well could be. If you served that person alcohol, or knew alcohol was being consumed in your home, and did nothing to stop it , but rather "encouraged it" and that person left your home and you knew they were intoxicated, there is a very strong likelihood that you could be found liable. If the person was under age 21, you could be looking at criminal charges.
Answered on Sep 01st, 2011 at 7:58 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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You are not criminally liable unless you forced them to drive or the driver was a juvenile. But you may be held civilly liable ( get sued ) if you were negligent ( knew he was drunk yet allowed him to drive away without stopping or warning him ).
Answered on Sep 01st, 2011 at 12:39 PM
You are not liable for the DUI arrest. You would only be liable for damages under some instances.
Answered on Sep 01st, 2011 at 11:43 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry The potential risk is if there was an injury as a result. Also, if the person is under age then there are other possible charges. I hope that this was helpful.
Answered on Sep 01st, 2011 at 10:44 AM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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Assuming the person is of age to drink, you would not be criminally liable. It is also doubtful if there is any civil liability.
Answered on Sep 01st, 2011 at 10:05 AM
Roianne Houlton Conner
No you are not criminally liable but if they had an accident and hurt someone you could be civilly liable.
Answered on Sep 01st, 2011 at 9:41 AM
Michael J. Breczinski
Not criminally but if they go out and hurt someone an enterprising lawyer might try to sue you.
Answered on Sep 01st, 2011 at 7:35 AM
3 Awards
If you know they are intoxicated then they could come back and sue you civially. You may even have criminal charges as well. Best advice is to try and get them to stop or not leave, but you can't imprison them or harm them.
Answered on Sep 01st, 2011 at 5:17 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Bars and other places that have liquor licenses can be held responsible in some cases for people they allow to leave drunk. That law only applies to those who have liquor licenses and not to people having social parties. Although, you can be charged with a misdemeanor if you let someone drunk drive your car. If they drive their own car or someone else's, then you are not responsible under that law. However, legal consequences or not, it is not a wise idea nor a good thing for society to allow drunk people to leave your house and drive. Like the saying goes, "friends don't let friends drive drunk."
Answered on Sep 01st, 2011 at 3:14 AM