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My 21 year old son left a friend's house drunk. In New York State does the host have any responsibility to stop him?

New Windsor, NY |

He was hanging out at his friends house they were drinking and they allowed him to drive home. Thankfully he didnt get hurt just arrested. I want to know if I can hold the parents responsible so that I can get help with the fines.

Attorney Answers 4

  1. Best answer

    Yes you can.

  2. Potentially. You should contact a civil litigation attorney and/or repost this in litigation or lawsuits and disputes section here on Avvo.

  3. No--he's an adult.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  4. As far as the civil theory of "social host liability" you would need to contact a civil litigator. He was responsible for his own activity as far as the charge of DUI and the social host liability law does not usually extend into the criminal charge arena. The fact that he was not a minor also negates this theory somewhat. He should talk to an attorney and try to plead this out.

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