Agreed. We can't control the availability of drugs and alcohol around us. But we can control what we decide to partake in.. Poor decisions made after partaking might be out of the altered person's control.. but the decision to take that first drink/hit knowing what the results usually are after that is totally within the person's control.As a recovering person myself, I'd place the blame for that 100% on the driver. She knew it could happen, and no one forced her to roll the dice - she had other options.
Assuming she's not making it up.
It's always really simple.. but it isn't always easy...
If I were on a jury for one of these incidents and the person had a history of substance abuse I'd say it's on them for knowing that they lose control when they party so THEIR decision to party knowing bad things happen equates to culpability for those bad things done under the influence..