The answer to that question seems obvious: The drunk driver. You may also be aware that bars and restaurants who improperly serve someone who goes on to drive drunk can be held legally responsible if that drunk driver is in a car accident. In one interesting recent case from St. Paul, however, a drunk passenger was found to be the one who caused the wreck. 

It was a 22-year-old's birthday, and she was celebrating with friends. One of those friends was the designated driver, and that person only had one drink during the evening. When the designated driver was headed home on the highway, the birthday girl was seated in the front passenger seat. According to reports, the birthday girl grabbed the steering wheel and jerked it, causing the car to veer off the road and crash into the center median. The driver of the vehicle sustained two broken ribs in the car accident.

Blood-alcohol tests confirmed that the driver was not drunk, but her front-seat passenger had a blood-alcohol content of 0.21 at 3:50 a.m. -- at least an hour and a half after the accident, according to police.

Essentially, the legal rule for drunk driving is that no intoxicated person can be in control of a motor vehicle. In this case, the passenger was found to have been in physical control of the car at the time of the accident, even though she was not the one sitting in the driver's seat.

This should be a very interesting story for South Carolina residents looking forward to celebrating this holiday season. If you have a passenger who has been drinking excessively, be sure to keep their behavior from posing a risk to everyone in the car and to other drivers. Perhaps, to ensure the safety of drivers and others, anyone who is drunk enough to get out of control should be seated in the back.

Source: Pioneer Press, "St. Paul: Passenger charged with causing drunken crash," Emily Gurnon, Dec. 1, 2011