If a guest in your home has become too drunk to drive, can you detain them against their will if they insist on driving?

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If a guest in your home has become too drunk to drive, can you detain them against their will if they insist on driving?

Detain them in a nonviolent manner for several hours until they have become
sober.

Asked on September 12, 2016 under Criminal Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you may not: doing so could easily be kidnapping or false imprisonment. The law does not give one person the right to restrain another person because of the hypothetical or theoretical harm they might cause. You might have to contact the police to help you in that situation.


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