Driving a vehicle while intoxicated, or in simple words, driving under the influence, is a very strict crime with severe consequences. Sometimes, it not only involves the person but the closest family member as well.
When a spouse faces DUI charges, it is common for the spouse to worry about the consequences and the potential effect on their financial situation.
It’s scary to watch their partner get a DUI, especially when you are with them in the car at that specific moment.
Am I Liable If My Spouse Gets A DUI
If the driver’s carelessness causes an accident, the collision victim can file personal injury lawsuits for financial compensation. The person responsible for the accident must cover all the lost wages and physical and emotional damages.
Wondering, “Am I liable if my spouse gets a DUI?” Well, it will depend if the accident is found under the California Family Code Section 1000.
According to this rule, that person’s spouse will not be held accountable unless they are also negligent. But if the accident is due to their negligence, they will both be held responsible.
What To Do If Your Spouse Drinks And Drive
It can be difficult to influence or control other people’s behavior. But if you love your spouse and fear being held responsible for the negligence you never committed, you should try the following tips.
In some state laws, you can also be liable for your spouse’s actions. If he is not making moral sense and still drinks and drives, you can talk dollars and cents.
Make him and yourself aware of the consequences and how to protect yourself.
Stay Calm
Be the supportive partner and make the best use of the resource “Support” in such a situation. Keep your emotions in control so you can help him calm and get through situations like charges, meeting attorneys, and courtroom hearings.
Your calm behavior will give him the confidence to go through the tough times and handle the DUI charges.
Community Property
When the couples are in a community property state, they claim they own half of everything owned during the marriage. It comes with legal issues as they forgot it involves assets and debts.
Any spouse getting in debt will be incurred to the community estate, which means both partners will be held accountable for the debt acquired by one person. It includes credit card debt, student loans, and any legal fines.
If your husband hit someone during the drink and drive case, then you can risk losing everything you worked hard for during marriage.
Protect Your Assets
Fortunately, you can secure your financial assets by consulting an experienced injury lawyer. Never leave your assets in danger; take the necessary steps to protect them and be at peace.
If you don’t want to be held accountable for the negligence of your spouse’s behavior, then take measures to protect your assets timely.
Taking help from a reputable law firm with solid experience in personal injury can help you protect your assets. It will help protect your assets and shield you from the unwanted situation.
Other Situation That Interlinks Your Fates
Even if you don’t live in a community state and have your incomes and debts separated, the continuing payments on a lawsuit can still take you down the hill. You can lose your car or house you own together.
You can also be held responsible if your spouse used your car at that specific time and you were aware of his habit but didn’t do anything to stop him.
Knowing everything and still giving him access will be under the negligent entrustment, and you will be held responsible for the harm caused to the other party.
Do Counselling For Possible Addiction
Having a DUI for the first time can be a mistake, and you can let it slide. But if it is becoming repetitive, then it is an underlying problem that can be due to an addiction.
Suppose you fear that your spouse is having an alcohol addiction issue, then be calm, sit with him, and have an open yet honest conversation.
Make him agree to explore counseling for addictions. Believe it will save you and his future.
The General Rule: Spousal Liability For DUI
In many states and under most legal systems, a person is responsible for their offenses and actions. It means that individual responsibility predominates. It also includes cases like DUI.
The common belief is that adults should know the consequences of their actions and be held responsible for their results.
This rule also applies to married couples. Though a couple shares commitments and responsibilities in a marriage, each spouse has their own legal identity. It means one spouse is not held accountable for the other one’s actions or offenses.
If your spouse finds himself on the wrong side or is arrested for a DUI, then you may not share the legal responsibility with him just because of the marriage.
It can take an emotional toll on you, and sometimes, like in community property cases.
Conclusion
Am I liable if my spouse gets a DUI?
Driving under the influence is a severe issue and especially common during the holiday season. If you are worried due to your spouse’s drinking and driving behavior, then get help. You can get some addiction help and legal advice on time to be on the safe side.
You can contact a real estate attorney if you want to change the title of your home. The most important thing to do in such a situation is to get help from your spouse to get rid of the addiction.
But when this behavior becomes a habit, you may need your attorney.
Hi! I’m Rabia Sehar, a motivated, passionate and sophisticated writer aspiring to make my dreams come true. Writing about health, wellness, mental health, and lifestyle is something I specialize in and am passionate about. I love traveling, reading, composing, and entertaining. As a health advocate, I am passionate about creating content that educates people on leading a healthy life. Health is the actual wealth so try your best to keep it.
