Drunk Driving: the Responsibility Question

A tragic impaired driving case has ended up in the Supreme Court of Canada. In the early hours of January 1, 1999, a drunk driver crashed head-on into a car, killing a young man and seriously injuring a young woman, who is now a paraplegic. The young woman wishes to sue the hosts of the party which the driver had just left.

The event that led to the crash was a New Year’s party. However, many other occasions — for example, the Super Bowl and the Stanley Cup — trigger parties throughout the year. In fact, impaired driving peaks in the summer, when people drink at outdoor terraces, festivals, golf, barbecues and other vacation activities.

Whatever the Supreme Court decides, the Canada Safety Council recommends that party hosts monitor and supervise the service and consumption of alcohol. The Council is also focusing on the need for preventive programs targeting hard core drinking drivers.

The Responsible Host

If you plan to host a party, check your insurance to see if it covers any incident that may occur on (or as a result of actions on) your property. The Canada Safety Council offers some practical advice:

1. Either don’t drink or limit your own consumption of alcohol so you can be aware of how much your guests are drinking.

2. Know your guests – it is much easier to track the changes in behaviour of those you know. Inviting strangers increases risk.

3. Monitor and supervise the serving of alcohol. Designate non-drinkers to do this. A “bartender” should control the size and number of drinks.

4. Keep the focus off alcohol. Serve lots of food that has protein and fat – salt encourages more drinking and sugar does not mix well with alcohol. Have plenty of non-alcoholic choices. For drinks, offer non-alcoholic choices.

5. See guests in and out. Greet all guests on arrival and departure, taking the opportunity to assess their condition.

6. If a guest is drunk, encourage him or her to give you their car keys. Buddy up with a friend to persuade the intoxicated person to take a cab.

7. Keep the phone numbers of cab companies handy and tell the guest that a cab has been ordered. Don’t give the option to refuse.

8. If the guest is very drunk, keep that person with you until they have sobered or can be left with a sober responsible person.

9. Only time will sober the person, not more fluids or food. Offering a spare bed is a good recourse.

10. If the person refuses to hand over the car keys or spend the night at your house, call the police. It may seem drastic, but it could be a choice of an upset friend or far more tragic consequences.

The Irresponsible Driver

The fact is, a few hard core drinking drivers are responsible for most of the drunk driving problem. The Canada Safety Council is a sponsor of the Road Safety Monitor, a Canada-wide telephone survey of Canadian drivers. Its December 2005 report on drinking and driving confirmed once again that a small group of drivers (less than three percent) accounted for 84 percent of all reported impaired driving trips.

The driver in the case before the Supreme Court has the typical characteristics of a chronic offender:

• They drink frequently, and often to excess. Many are alcohol dependent. (This driver had a longstanding drinking problem.)
  
  
• They repeatedly drive after drinking. Canada's penalties for impaired driving, among the harshest in the developed world, do not deter them. (Obviously true in this case.)
  
  
• When they drink and drive, their blood alcohol concentration (BAC) is two to three times the legal limit. (The driver’s BAC was three times the legal limit following the crash.)
  
  
• Many have previously been convicted for impaired driving. (The driver had two previous convictions and was driving an uninsured vehicle.)

Impaired Driving