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I have a friend who drinks and then always wants to drive. I simply don't invite him anymore, but he still shows up sometimes. Hes an adult and swears he is sober enough to drive, even when we know hes not.
He always goes, and it always makes me uncomfortable. I'm not about to fight this guy and make him stay the night.
As I said, I just don't invite him anymore.
And thankfully, we're all of legal age now so that worry is gone at least.
We all always just walk home or crash where we are, but that one dude just can't understand that concept.
Edit: yes, we all always always always tell him not to drive. But theres only so much TELLING you can do a person before you need to elevate it. I certainly have friends who I'd beat down and fight with if they tried to drive, but I don't know this person like I know them.
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If they are underage and you are not and you knew they where going to drive, or you saw it, etc. yes.
If they where not you might get in a good scenario face the problem of negligence, which might be alleviated when you where drunk too.
Dram shop law is familiar, but not directly relevant (ok, scratch that, some states do not require you to be a licensed bar, so it might be in NY or might not. I doubt it, because I think they have rather liberal laws).
In any other accounts the question is a case-law matter and you would have to argument your case in court. Without a law however, the state itself won't press charges, so your threat are 3rd parties.
Can you detain him and is it considerable?
Well assume you could overpower him and hold him; That would mean you would have to turn him over to the police afterwards, but it would be an option to do a citizen arrest to prevent him driving (drunk driving is a criminal offense). If you don't act you become a bystander and can be liable in quality to the full extent of the person not being liable to take up the responsibility (if minor, completely, if drunk, to the amount that the responsibility gets alleviated by drunkenness)
[Now whot dus that mean?
If he gets time and it gets reduced, you might get time.
If he gets a fine and it gets reduced, you might get a fine
(If the third party (the dudes who got injured or their property destroyed or w/e) hard-balls your case, probably they might ask for the same as he got)]
Concerning amounts: There probably isn't much or any law that could compare and probably a hand full of case law; You would probably create your own here.
That means that the judge sets what he thinks as appropriate]
Yes you are an accomplice, especially if it happens regularly and thus at least once happened in the past.
The stupid drama method:
Tell him privately that he must hand over the keys if he wants to party and that you will lock them up and if he can't deal with it, or causes you to hand them over by being threatening, you will give it to him but make damn certain you call the cops as soon as he is out of the door.
Sure to cause loads of delicious drama.
Less drama method:
Tell him, if he comes with a car, he won't get in.
The minimal drama method:
Avoid the topic and put him on the persona non grata list. Best option. Not your job to sort out his bullshit.
[This is also not an expert opinion]
If something bad happens, you have to hope that the smell won't attract a legal "shark". A threat could even come from him, because it would be his interest to motivate the court to alleviate his case, by dragging others in.
