My question involves criminal law for the state of: California
My 20 year old daughter visited a "friend" she had been in Cosmotology school with in Orange county. She is a 45 year old divorcee with children my daughter's age. They decided to go to a houka bar to meet other friends from the school, and the woman asked my daughter to drive. She brought a large cup of wine with her, and my daughter had several sips. While at the houka bar, the woman left and returned with a bottle of wine, which she shared with the others... my daughter included. She then insisted on leaving, although my daughter wanted to stay. On the way to her place she was directing my daughter, and they got lost. They were pulled over for not coming to a complete stop at a sign, and my daughter was subsequently arrest and charged with DUI. She had not eaten all day, and blew a 0.12. My daughter claims she felt pressured to drive. Is the 45 year old culpable? Should we sue?