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

UPDATED: Mar 19, 2015

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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