My husband is a serious alcoholic. He will leave the house sober but come home so drunk he will fall flat on his face when he walks in the door! It is just a matter of time before he gets a DUI or worse yet, kills somebody on the road. My question is, to prevent a horrible accident, can I make a citizens arrest next time he comes home intoxicated while driving? I live in California, if that makes a difference.
2007-02-07 23:17:31 · 8 answers · asked by ladawn5472 2 in Politics & Government ➔ Law & Ethics
I filed for a divorce but we are so far in debt I can't make it on my own right now. He went through Kaiser's CDRP (Chemical Dependency Recovery Program) but was in the rehab for only 30 days...came out and started drinking again.
He doesn't go to bars...liquor stores where he'll pick up a pint of vodka and down it! I can't take away his car keys because he works....if he could have his license legally revoked then he wouldn't have a choice but to find another way to get around.
For the man who says it is cruel of me to want my own husband arrested....it would be more cruel to allow this to continue on knowing deep in my heart that a tragedy awaits around the corner!
2007-02-08 02:43:23 · update #1
By the time he gets home he is no longer driving so he is not eligible for a DUI. Also, why would you want your husband to get arrested. Why dont you help him get over his problem. If he wont do it for you then leave him. It makes me sick that you want to arrest your own husband.
2007-02-07 23:23:07 · answer #1 · answered by Tim H 5 · 0⤊ 4⤋
To answer your question without getting into the moral issues involved:
California law provides that a private person can arrest for any public offense committed in that person's presence, and can arrest for any felony offense even if not committed in that person's presence. (Pen. Code section 837.) DUI is not a felony, so you would have to see the person driving in order to arrest him. If you do so, immediately call the police to take him into custody and give him blood alcohol tests.
However, you don't have to arrest him to have charges filed. If you have evidence that he was DUI, you can go to your local prosecutor and provide that evidence and they can file charges. However, there will not have been a blood alcohol test in such circumstances, which may make the prosecutor reluctant to proceed.
Again, I am not saying any of this is a good idea, I am just answering the legal question presented.
2007-02-08 17:50:57 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No. A citizens arrest, while legal, is a rare instance and is only for felony charges. You can, however, if you know where your husband drinks, call the police and inform them of his whereabouts and the fact that he is unfit to drive. One or two beers puts you over the legal limit.
But instead of trying to have him arrested, have you tried to get him to realize he needs help? Has someone tried taking his keys? Calling a cab? Doing anything? And what about the server/bartender? They can be held liable of any accident resulting in the drunkenness of a customer they have served.
There are other steps to take...you need to find him some help.
2007-02-08 09:18:03 · answer #3 · answered by Enchanted 7 · 0⤊ 1⤋
No, you cannot. But what you CAN do and what I strongly suggest is next time, find out which bar your husband is at, call the police and explain the situation. Tell them where he is, his license plate number, make and model of the car and sure enough he will get picked up after leaving the bar.
Police always urge citizens to call them if they see a drunk driver on the road. This is your best bet to getting him caught.
When I lived in California, cops would wait outside of bars in their cars just waiting for someone intoxicated to get into their cars and drive off.
2007-02-08 07:36:46 · answer #4 · answered by His Angel 4 · 1⤊ 1⤋
I have some very bad news for you.
You can't fix your husband. Only your husband can fix your husband and until he hits bottom he won't accept that he has a problem. Unfortunately he may have to kill a bus load of kids before he hits bottom.
You really only have two choices, stay or leave. Sorry but those are the facts.
2007-02-08 07:44:47 · answer #5 · answered by gimpalomg 7 · 0⤊ 0⤋
Yes, but did you ever try to control a drunk who doesn't want to do what you say? It can get ugly.
You are right to be concerned.
If you know where he goes to drink, you might consider asking the local police to check on him and let them arrest him if he is visibly intoxicated and using his car.
You might also want to contact Alcoholics Anonymous to get some advice on how to deal with your husband.
2007-02-08 07:25:38 · answer #6 · answered by regerugged 7 · 2⤊ 2⤋
You can't force a horse to drink! Get him psychological help.
2007-02-08 07:22:57 · answer #7 · answered by Student 4 · 2⤊ 1⤋
Hold an intervention.
2007-02-08 07:41:10 · answer #8 · answered by bright_neon 3 · 0⤊ 0⤋