If my wife continues to drink and drive against my wishes, may I be considered an enabler at best or an accessory at worst?

I am concerned about her safety and that of others and am also concerned about the liability risk this creates for us. What can I do?

Asked on March 19, 2015 under Personal Injury, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are not required to *stop* another adult--even your wife--from drinking, so you are not an accessory or otherwise liable simply because she drinks. (One adult is not generally liable for the actions of another adult.) You could be liable for giving her drinks or alcohol, giving her car keys or letting her drive the two of you (i.e. when you are around) when drunk, or otherwise actively contributing to the drinking or dangerous impaired behavior.


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