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Under WA state law can a third party be held accountable for another person getting a DUI

Seattle, WA |

I had been drinking and this girl called me up from a psych ward and asked me to come there and pick her up because she wanted to leave AMA because she wanted to do some drugs. So I went over there and picked her up and she drove us to somewhere where her friends were and I have no recollection of what I did there or how long I was there, but I think I may have smoked some crack and did some heroin. This girl asked me to leave. I don't know why but I left and I was way too loaded to drive. I got lost and was driving around weaving and drove through a stop sign and got a DUI. Could this girl be held accountable for making me leave when I was way too loaded to drive?

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Attorney answers 4


Unfortunately, no - at least under California law. You may wish to consult a Washington State attorney as well, as I am licensed to practice in CA only and do not give legal advise in matters involving other states.


I am not aware of any legal basis under Washington law to hold this person accountable for your actions.


The biggest problem with the question you ask is that there's no way to prove her inducement of your intoxicated state. Unless she's willing to testify that she tied you down and forced you to ingest drugs, that is. Generally speaking "involuntary" intoxication is not a defense to DUI, although "forcible" intoxication might be...if the factual scenario could be made out.


Although this issue has arisen with respect to person's asking other persons to leave their home or place of business after they have been drinking, there is no third party liability in the context of DUI in Washington State. The short answer is No. You would want to explain the circumstances to your attorney so that he or she could calculate the ingestion of alcohol and/or drugs over the course of the evening to help them better identify the amount in your system for argument later.