Drunk Driving and Responsibility

[hmmm_tea]

Top court set to rule today on host liability for drunk drivers

[Poll #725320]

I think you've got to have a certain degree of moral responsibility for the world around you no matter what the context and this would clearly follow through to guests. Obviously you can't physically stop someone driving drunk, but you can at least try to stop them offering them somewhere to stay for the night or to call a taxi, etc.

I don't think it should be legislated against, however, as it would certainly be difficult to judge when blame can appropriately be applied. Also, although the hosts have some responsibility for the actions of the guest, ultimate responsibility for those actions will always lie with the guest. In the case above why should the hosts be proscuted on the grounds they have insurance to cover it and the guest doesn't?

We live in a world where prosecution requires someone to always be at blame. Accidents happen, often avoidable, but that doesn't stop them happening. Why does there necessarily have to be a court prosecution to follow every one of these?

Comments

[cartesiandaemon.livejournal.com]

Do non-private hosts have any legal responsibility? They're supposed to stop serving you at some point, aren't they, but are they supposed to be able to tell if you're driving, or if you've had none and one more might be ok (though a lot easier if everyone just accepted not), rather than, if you're physically falling down?

What could private hosts do? You can't legally imprison someone in your house or take their keys, can you? And you could easily assume that when they had their second drink that meant that they were going to sleep on the couch.

(Obviously as a friend you should try to prevent it, but codifying that seems fraught.)