What will happen if someone else gets a DUI in my car? 52 Answers as of August 31, 2011

My boyfriend and I live together and he doesn't have a driver's license. Last night he took my car very late at night (while I was sleeping) and ended up getting arrested. I'm fairly certain that one of two things happened. Best case scenario, he was pulled over and arrested for driving without a license. Worst case scenario, he was drunk and was pulled over for DUI and driving without a license. My main concern is that this will somehow impact my record or that I may get a ticket or something since it was my car, but I was also wondering what the consequences will be for him?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It shouldn't impact your record at all and you can't be charged with anything unless they can prove that you let him take the vehicle knowing or had reason to believe he was drunk. If that happens, retain a lawyer right away.
Answer Applies to: Michigan
Replied: 8/31/2011
Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
You could be charged with aid and abet dwi, but it doesn't sound like that is or will be the case. Your first concern should be finding out if the car was seized. If it was, you may need to file som paperwork at the clerk of court's office to get it released. If it was not seized, you will probably be fine and it shouldn't impact your record. He needs to talk to an attorney to find out the consequences. It will depend on what county he was charged in, his prior record and the facts involved in the case.
Answer Applies to: North Carolina
Replied: 4/26/2011
Law Office of James S. Robinson
Law Office of James S. Robinson | James S. Robinson
Your car is impounded and he must deal with the DUI. He needs a lawyer and hopefully will man up since he started this mess.
Answer Applies to: Alabama
Replied: 4/22/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You did not mention any accidents, so that is a good sign. In order for you to be affected, you have to have "negligently entrusted" him with the vehicle. That does not appear to be an issue here, since you did not know he was taking it. That very fact does create a problem for him, he has committed the offense of Unauthorized Use of a Motor Vehicle. As long as you do not press charges, that is mute, unless a DA is really out for blood and they dig this up for no particular reason other than they want to screw your BF over.

I truly would not worry about that happening though, DA's have enough work to do without digging up new charges. Accordingly, as long as there was no accident the negligent entrustment is not an issue. Negligent entrustment is more a civil issue, if he had an accident, the person he hit may claim you are vicariously liable because you let him drive knowing he was not legal - this is a round-about way of making your insurance cover the accident even if he is not named on the policy - most insurance policies allow you to let someone else drive your car, so long as he or she is licensed and competent.

The language may vary, but the ultimate intent is that you can let someone drive your car if you have a good reason and the insurance will cover that person - but the insurance carrier does not want to be held liable for drunk driving accidents, etc so they put in the clause that it must be a competent person (ie clean and sober, not trying to commit suicide by motor vehicle, etc.) to give them a way out. The carrier generally puts in a clause related to legal to operate a vehicle (ie licensed and the license is valid) as an additional layer of protection. Plaintiff's lawyers know that if someone borrows a car and is not insured they cannot collect insurance, so they have to make it the owner's fault - ergo Negligent Entrustment. Okay, what happens on a DUI/DWI?

That depends on several factors. Generally, a first offense is a Class B Misdemeanor (fine up to $2000, jail for not more than 180 days) and DWI's carry extra items such as attend DWI class, loss of license/suspension of license (in your BF case, additional loss of license on top of whatever has suspended them currently) and admin fees of $1000 a year for 3 years. The charge can be enhanced based on accidents/injury to bystanders, and if the BAC is high. A second DWI/DUI is a Class A Misdemeanor - not less than 72 hours in jail, not more than 1 year, a fine up to $4000, suspension of license, DWI classes, ignition interlock devices on any vehicle he operates, and admin fees of $2000 a year for 3 years. A third DWI/DUI is a 3rd degree felony (2 - 10 years in prison) fines up to $10,000 and admin fees, conditions, etc. As you can see, DWI/DUI is not a minor issue. It is serious business and there is no way anyone can tell you what will happen to your BF at this point. The Jurisdiction and the attitude of the jury members will affect the outcome, your BF's prior history (all of it, not just the DWI/DUI part - why was his license suspended?) will affect the outcome too.

Location of the events in question, how he looks on video, his reactions and conduct, all of this is relevant. If he blew a 0.08 BAC - the legal drunk limit but performed all the test to perfection, a jury will see him as less of a threat and punishment is likely to be lower. However, if he blew a 0.16 (double the legal limit) performing well on the Field Sobriety Test is not necessarily good (think of it this way, you only need one juror to point out he is a "practiced drunk" and someone who is "wasted" by blood alcohol content standards is in trouble). If there was an open container in the car, indicating he was not only drunk but getting drunker as he drove - that is not good and will also increase the punishment.

What you need to know is this: Do not let him drive your car again. Make it clear he is not permitted and if you do mary him or decide he can drive your car, make him get insurance in his name on your car so that you are protected. What should he do? Hire a local lawyer with experience in DWI/DUI now.

If he refused to give a breathe sample, he has 10 days to request an ALR hearing. Even if the ALR is a waste of time for the license suspension - if his license are already suspended, it likely is - it is an opportunity to look at the State's evidence, the DIC24, the arrest, the DWI video, the BAC results, etc. Getting this information sooner rather than later is valuable. Plus, I would always prefer to get to the cop who arrested as soon as possible, while everything s fresh in his/her memory and before the District Attorney's office has time to go over the testimony with the cop and "help them remember things" in a way that helps the DA's case. The absolutely worst thing anyone charged with a crime, particularly DWI or DUI can do is to wait or assume this will just go away.

It will not go away and it cannot be handled quietly. DUI/DWI is a hot political topic. No District Attorney or Judge will ever turn a blind eye to an alleged DUI/DWI. If they do and the person has a wreck next time you can only imagine the political fallout. So as you can see, it will not just go away. The only thing he can do is get competent legal counsel as soon as possible to get as much information and evidence as possible up front.
Answer Applies to: Texas
Replied: 4/21/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If you did not give your boyfriend permission to drive your car then you should be able to get any charges that may be filed against you dismissed. However that may add another charge against your boyfriend- unauthorized use of a motor vehicle. You and your boyfriend should hire an attorney.
Answer Applies to: New York
Replied: 4/20/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Generally nothing will happen to you, unless he claims you told him to drive or gave him the keys, knowing he was DUI. This would be an unusual case against you unless you and your boyfriend are known to the local cops. He is facing a license suspension, jail and fines, and possibly probation. It depends on the extent of the alcohol test, whether he had prior convictions, etc.
    Answer Applies to: Maine
    Replied: 4/20/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    He gets the criminal charges to defend, not you. If there was an a collision, you will be liable for damages. If youre unlucky the car was impounded. If so, pay to get it out ASAP, as the daily charges are huge. If he is serious about hiring an attorney to help defend him, feel free to contact me.

    For him to keep in mind: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court.

    Contact DMV and do so, timely, then appear at your scheduled hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel, feel free to contact me.
    Answer Applies to: California
    Replied: 4/19/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    The only real consequence to you in this situation is that you will have to get your vehicle out of impound, which costs money. You will not be criminally liable for your boyfriend's actions in your car.
    Answer Applies to: Oregon
    Replied: 4/19/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If the person has a prior DWI and they are driving your vehicle without a license, your plates will be impounded and, depending on the number of DWI offenses, the municipality may seek to forfeit the vehicle.
    Answer Applies to: Minnesota
    Replied: 4/19/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Anyone driving an auto while impaired can be charged with a DUI. The owner of the car will not have any consequences unless he knowingly permitted an impaired driver to drive and someone was injured or property was damaged.
    Answer Applies to: Kansas
    Replied: 4/19/2011
    Law Office of Cotter C. Conway
    Law Office of Cotter C. Conway | Cotter C. Conway
    If your car was legally registered and insured, then there should be no legal (or DMV) consequence for another person driving your car while he was under the influence or while he was without a valid license. If he had been in an accident and you had knowingly allowed him to drive your car, then you might be civilly liable to persons injured in such an accident. As for the DUI consequences, he'll be facing at least 2 days in jail, at least $695 in fines and fees, counseling, and attendance at a Victim Impact Panel. He will also suffer DMV revocation of his driving privileges.
    Answer Applies to: Nevada
    Replied: 4/19/2011
    Jackson White, PC
    Jackson White, PC | Jeremy Geigle
    If someone else, like a boyfriend, takes your car and gets arrested, what do you do? The last thing you want is for your vehicle to be declared evidence of a crime because then you may not get your vehicle back for a while. If that someone else has committed a DUI, your vehicle will be impounded and you will have to work to get it released from the impound lot. If that someone drove your vehicle without a license and was intoxicated, he may be facing Aggravated DUI charges in Arizona. Aggravated DUI in that situation is a class 4 felony and is punishable by a minimum of 4 months in prison.
    Answer Applies to: Arizona
    Replied: 4/18/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    You shouldn't get a ticket, but usually if someone is arrested for DUII or Driving While Suspended, the car gets towed and impounded. The problem you may be facing is more like "Where is my car and how much will it cost to get it back." DUII related impound fees can be pretty steep.
    Answer Applies to: Oregon
    Replied: 4/19/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    Because your boyfriend took your car without your knowledge, this should not be an issue for your insurance or anything else.

    This would only present an issue for you if your insurance policy stipulates that you are the only person covered to drive the car and that you willingly authorized him to drive the car.

    As far as the police are concerned, you will not receive any sort of ticket, although if he was arrested for DWI, then your car may have been impounded in which case you will be required to pay for its release. This will not, however, affect your driving record.

    If you or your boyfriend require legal representation in this matter in Louisiana, please contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 4/18/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    The only bad consequence for you would be your car being impounded for 30 days. I'm sure that didn't happen or you'd have mentioned it. For him - It will vary considerably based on his prior convictions, whether there was an accident, the blood alcohol result, etc. It can be as little as community service and a counseling program or as severe as state prison
    Answer Applies to: California
    Replied: 4/19/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You should not be impacted when someone else gets a DUI in your car. Crimes are tracked by the offenders drivers license number, date of birth and social security number. The only danger may be the cop who pulled him over seeing your car may stop you to make sure it is not him behind the wheel again.
    Answer Applies to: Nebraska
    Replied: 4/19/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Nothing will happen.
    Answer Applies to: Alabama
    Replied: 4/18/2011
    NOLA Criminal Law
    NOLA Criminal Law | Townsend Myers
    Generally speaking, there is no criminal liability for the OWNER of a vehicle where a "guest" driver gets a DWI or other traffic violation. The DRIVER alone is responsible. That said, a driver who gets a DWI in Louisiana at least faces up to 6 months in jail and a 300-1000 dollar fine. There is the possibility for a first offender to get probation.
    Answer Applies to: Louisiana
    Replied: 4/18/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    You will not get a ticket because you were not driving the car. I assume that your car was probably impounded. You need to get your car back and let your boyfriend deal with the DUI. If your boyfriend is looking for an attorney we do represent people who have been charged with a DUI. We offer free consultations. Feel free to give us a call. We have offices in Salt Lake City and Ogden Utah.
    Answer Applies to: Utah
    Replied: 4/18/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Based on your question, I see no adverse impact to you except getting your car out of impound. If your boyfriend has had only two or less DUI's in the last five years, such that this is his third or less, the most time in jail he is exposed to is one year. Stay well.
    Answer Applies to: Alabama
    Replied: 4/18/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    This situation will not impact your driving record and you cannot get a ticket. Likely your car was impounded so there will be a cost to retrieve it. I cannot speak to his consequences without knowing what he was actually arrested for.
    Answer Applies to: Washington
    Replied: 4/18/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    You do not provide nearly enough information regarding your boyfriend to answer the question of possible consequences. It is far too complex a topic to type out a complete exposition of DUI law - and far too time-consuming. Open a phone book and pick a lawyer who provides a free consultation. Call the Attorney. Ask about DUI consequences. He or she will ask you some questions to gain background information to enable them to provice an accurate answer to you. If they cannot do so, they are not really a Criminal Defense/DUI attorney. Call someone else.

    As for you, you cannot get a ticket or a charge - at least, not one that will stick. You will face an expense for the towing and impound of your car. You will be able to get it back quickly because it was not the arrestee's car (your boyfriend's) and because you did not give him permission to use the car. You will still have to pay the tow/impound fees. Make your boyfriend reimburse you. If you choose to stay with him (and there might be some question about the wisdom of that decision), you should hide or lock up your keys when you go to sleep.
    Answer Applies to: California
    Replied: 4/18/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    You can be charged with wrongful entrustment. Also was there insurance on the vehicle if not both will get suspensions.
    Answer Applies to: Ohio
    Replied: 4/18/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You will not likely get a ticket. However, he probably already has gotten at least a ticket and probably arrested either for Driving with a suspended license or DUI. Either way, he's likely in trouble. Once you see what he's charged with, he should consult with a lawyer right away. Good luck.
    Answer Applies to: New York
    Replied: 4/18/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    Depending on his record, the cops might keep your car. If they do, you will have a very limited period of time to file a court action to get it back.
    Answer Applies to: Minnesota
    Replied: 4/18/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If someone gets a DUI driving your car, I feel it is unlikely that there will be any issues with you. A DUI in California can include jail time, probation, large fines, alcohol school and other programs, Interlock device restriction, community service. Driving without a license (or the more serious driving on a suspended license) would also have consequences if convicted. He should consult with an attorney about his case. If it is in Los Angeles County, feel free to contact me through my website should you want to discuss in more detail.
    Answer Applies to: California
    Replied: 4/18/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    As long as your car was insured you are ok. Your boyfriend, however, is likely in need of legal counsel.
    Answer Applies to: Nebraska
    Replied: 4/18/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If your car was towed you will have to pay the impound fees to get it back. Nothing will go on your record for this incident. Your boyfriend if he was arrested will be charged with a DUI and driving with a suspended license. If he was not arrested he will be charged with driving with a suspended license only.
    Answer Applies to: California
    Replied: 4/18/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You would not be criminally responsible for the actions of your boyfriend if he was citied for DUI or driving with suspended license. This charge would be exclusively on him. You may, however, be held account in a civil action for allowing your boyfriend to have the sue of your automobile. In other words, you could be sued for negligent entrustment and a large civil judgment could be entered against you. If your boyfried was using your vehicle without your knowledge or permission, or was using your vehicle with your permission and he has no driver's license or a suspended driver's license, your insurance carrier may not be liable for the damages he may cause in an accident, including the damages to your car.
    Answer Applies to: Alabama
    Replied: 4/18/2011
    Beard Law Group, P.C.
    Beard Law Group, P.C. | Christopher Beard
    Outside of having to pay fees to retrieve your automobile, you would only incur criminal liability in some jurisdictions if you "knowingly" allowed a driver to drive without a license or impaired. Other than the aforementioned, you should be fine criminally. Please note that if property damage or other harm occurs, you could be liable for a civil action regarding a negligent entrustment theory.
    Answer Applies to: Alabama
    Replied: 4/18/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Nothing will happen to you if your position is "I didn't know he took the car" If your boyfriend backs you up. Suggestion: There are lots of better boyfriends out there. Don't try and find one in a bar, however. Get one who won't steal your car and then drive it while drunk. Dump this one after the case is resolved.
    Answer Applies to: California
    Replied: 4/18/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    In NH the driver can be charged but you as owner would not be chargeable. The only exception is there is a law that prohibits a unlicensed driver from driving if you knowingly permit the person to take your car. Other concerns are civilly you may be exposed to liability but without more facts that is impossible to tell. The consequences for him really depends on what he is charged with, after he is charged contact a lawyer and the options can be reviewed.
    Answer Applies to: New Hampshire
    Replied: 4/18/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should be fine. There is nothing they can charge you with. The worst that can happen is if they impounded the car. Even then, if you show proof that you are the lawful owner (and not him), you can get your car released (you may have to pay a day or two for the storage, but that's it).
    Answer Applies to: California
    Replied: 4/18/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You are only responsible or liable if he got into an accident with your car. If he stole the car you might not be liable, but you would not be charged with any criminal charges in any event. He will likely pea to an Impaired violation and have his license suspended for six months. His insurance will likely increase dramatically if they search his record and he will pay about $500 in fines and surcharges. He will also have to go to a Drinking and Driving Course that will cost about $150 and pay a civil fine of $750 if he refused the breath test. He will also lose his license for six months for a refusal and have to apply after the period expires. If he has no proir convictions he will not be incarcerated, but on a second or third offense he will get probation of a jail sentence.
    Answer Applies to: New York
    Replied: 4/18/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    You don't have anything to be concerned about. If he is charged with a DUI and convicted or pleads guilty he will face mandatory jail time, suspension of his license, fines, and alcohol counseling.
    Answer Applies to: Montana
    Replied: 4/18/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    First, nothing will happen to you just because it was your vehicle. As for your second question, more information is necessary to give you a complete answer. If your boyfried was arrested for driving on a suspended licensed the consquences vary depending on whether he was suspened in the 3, 2, or 1st degree and how many prior offenses he has. If he was arrested for DUI (he was probably also charged with driving on a suspended license) again the consequences will vary depending on whether he has any prior DUIs, and what his breath test reading was. Was he taken to jail? Or was he released? If he was released, he was either given a court date or told to expect one in the mail via a summons. If he is currently in jail he will be seeing a judge very soon and will either be released or held on bail, which a bondsman can assist you in paying so he can be released. It is important that he speak with an attorney to understand his options.
    Answer Applies to: Washington
    Replied: 4/18/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You cannot be charged criminally with anything. However some counties will seize your car as it was used in a crime. It can sometimes be very hard to get it back.
    Answer Applies to: Colorado
    Replied: 4/18/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In either case, your car has probably been impounded. You will have to retrieve the car. Typically if a driver is arrested, the owner of the car is not charged in cases of OUI or driving without a license. If there is anything you are charged with, you would receive notice of the charges. It should not impact your driving record or insurance unless you are charged with something, or if your boyfriend is listed on your insurance as another driver. As for the consequences for your boyfriend, it is hard to determine without knowing what he was charged with, whether he has a criminal record, and where the incident took place. I would be happy to discuss this with you if you receive any additional information.
    Answer Applies to: Massachusetts
    Replied: 4/18/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    If he used your car without your knowledge then you have no exposure.
    Answer Applies to: Massachusetts
    Replied: 4/18/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Your question is speculative, at best. If he took your car without your permission, and for his own pleasure, you have no liability and should not have any tickets issued to you. I assume you have the auto back, they may charge you a fee for towing and storage, but they should not confiscate the vehicle. Without knowing your friend's criminal history or driving history, it is difficult to made a reasonable determination of what will he the outcome of the case. Also, you have not provided any evidence or facts about the incident in question on which to base an opinion. If you really care, I strongly advise you to contact a good attorney ASAP, to defend him, as the criminal and driving consequences are extremely serious.
    Answer Applies to: Illinois
    Replied: 4/18/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Hopefully, based upon the limited facts provided, you should be okay, provided no drugs were found in the vehicle and no accident occurred. He should definitely retain an experienced criminal lawyer as soon as possible. No one can predict the outcome, but it is safe to say that he needs a lawyer ASAP. He faces potential jail time, or at least probation fees, fines, points on his driving record, and adverse impact on his insurance rates, among other things. Good luck!
    Answer Applies to: Georgia
    Replied: 4/18/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    There are no consequences for you unless the car was impounded. In San Diego, a first time DUI carries a fine of $1K and a three-month class, sometimes there are other penalties.
    Answer Applies to: California
    Replied: 4/18/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    They have to prove that you knew he was intoxicated and gave him permission.
    Answer Applies to: Michigan
    Replied: 4/18/2011
    Kevin Smith, Attorney at Law
    Kevin Smith, Attorney at Law | Kevin Smith
    You should be fine, as you were not in the car according to your scenario. Your boyfriend, however, will be facing some serious consequences, both in the courthouse and at the DMV. Driving while under suspension carries criminal and administrative penalties, especially if his license was suspended due to an alcohol-related incident. If he was arrested for Operating Under the Influence, then the penalties will depend upon his prior driving history and record of similar offenses. Your question cannot be thoroughly answered without further information, and you would be best served by speaking with an attorney in confidence.
    Answer Applies to: Connecticut
    Replied: 4/18/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Based on your statement, I doubt anything will happen to you, except that the car is probably impounded and may be for some time at no small expense to you. Your BF essentially stole your car. He took it w/o your permission. This approach might assist in getting your car out of hock early. This complicates his predicament. What would be misdemeanor charges could now be increased to a felony, carries potential state prison time. Before you decide what you want to do, you might consider what could have happened. BF takes your car. Goes out drinking. Becomes intoxicated. Hits and kills someone. You could be liable if there is a practice where he is allowed access any time. Sort of an implied "it is OK , take the car whenever you want". A fact that could be proved because you didn't raise the issue now.
    Answer Applies to: California
    Replied: 4/18/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    This will have no impact on your record. The criminal violation, whether it is DUI or driving without a license, follows the driver not the owner of the car used in the offense. As for consequences for your boyfriend, that all depends on what he is actually charged with and what happened. My suggestion is that your boyfriend immediately contact an experienced criminal defense DUI attorney to discuss his case in detail in order to get a better understanding of any potential consequences. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 4/18/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    If he was charged with DWI he is facing criminal charges, which can result in jail, probation, suspended license, and program participation. If he has a prior DWI in the last 10 years he will be facing felony DWI which increases the penalty to 4 years. If it's a suspended license charge, that is also a crime. As far a you, the only real concern is that your car may have been confiscated by the police. The police may hold it for evidence for a while, but at some point you can apply to get it back.
    Answer Applies to: New York
    Replied: 4/18/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    You should be fine in terms of your liability. However, I have seen jurisdictions charge someone with aiding and abetting a DWI in different situations. Other than that, which I think it is unlikely, I do not think there is anything else the police can charge you with based on the facts provided. As for your boyfriend's liability, that will depend on whether he was charged with a DWLR or DWI. DWI's are very serious, even more serious if he does not have a license. He should consult an attorney as soon as possible so they can go over the facts of his case and give him advice. Feel free to contact me with any questions.
    Answer Applies to: North Carolina
    Replied: 4/18/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    If he is charged with DUII, he needs to get a lawyer immediately. Depending on your particular insurance company and policy, your rates could go up. Call your insurance company to be sure.
    Answer Applies to: Oregon
    Replied: 4/18/2011
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