A Sobering Ride Home: Obremski v. Henderson

Abstract

A growing number of jurisdictions have adopted the view that intoxicated drivers may not only be subject to criminal prosecution by the state for their reckless conduct, but may also be held liable in a civil action for monetary damages by their injured victims. This article examines this growing trend and concludes that this civil remedy will help insure that victims will not go uncompensated, as well as trying to provide a disincentive to drinking and driving by assessing treble damages and attorney's fees to the plaintiff in the civil action.