Wife was supposed to meet me but something came up. They said I couldn't leave without someone to escort me. I told them they had no arrest powers. The charge nurse then said I had to sign a release and that the insurance would not pay if I did. So I just looked at her and said, "Then I'm not signing it," and walked out the door.
It is an issue with people who cannot obtain a ride home, and will be greater as Boomers age . However, if you got into an accident , any victim of your accident would sue the facility for releasing you to drive.
Although they cannot hold you, and insurance is still going to pay, you drove home under the influence. A DUI if a cop stopped you.