Will my child's DUI affect me if he was driving my car? 51 Answers as of June 03, 2013

My 18 year old step-son got a DUI (he blew a .04) in a car that is registered to me. Will his DUI affect me legally, my insurance or otherwise?

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The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
Your child's DUI will affect your insurance if he is covered under your policy or if you personally pay for his insurance. Let's face it, if your child is convicted of DUI his insurance will go up or the insurance company will drop him. Hence, if he is on your police your insurance will go up. I'm assuming he is on your policy so the quick answer is, it will affect you. His DUI may also affect you if he needs an ignition interlock device on his car and his car is your car. Be sure you consult with an attorney - most of us will happily sit down with you for an hour or more to discuss all of the collateral consequences. Good luck.
Answer Applies to: Washington
Replied: 10/26/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
.04 is not DWI and he should not be charged with anything... He should bet a good attorney ASAP! Contact our office if interested in hiring an attorney to assist.
Answer Applies to: New York
Replied: 10/28/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
First of all, your son should not have been convicted of DUI for blowing a .04. That's not even enough for a charge of impaired driving much less intoxicated. He must have been really out of it to get such a conviction with that low alcohol reading! Maybe he was taking something else that enhanced the intoxication effects of the alcohol. But no, your son's behavior doesn't affect your good driving record.
Answer Applies to: New York
Replied: 10/7/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
That may depend upon whether your son had permission to drive your car and what the insurance company policy says.
Answer Applies to: New York
Replied: 10/28/2011
Mercado & Hartung
Mercado & Hartung | Stephanie Hartung
You should not face any liabilty simply because someone got a DUI while in your vehicle.
Answer Applies to: Washington
Replied: 10/28/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    No, that was his mistake and he alone will be punished. You should prepare him for the fact that his license will be suspended until he is 21 and that he will be charged in adult court. He will do one day in jail and have significant fines to pay. He should obtain and alcohol assessment ASAP and take it with him to court. If treatment is recommended, your son should start treatment immediately.
    Answer Applies to: Washington
    Replied: 10/6/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    No since at 18 he is his own man. But you could be liable in a civil law suit.
    Answer Applies to: Texas
    Replied: 10/6/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Your insurance will go up if the person is a resident relative.
    Answer Applies to: Michigan
    Replied: 10/6/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Most likely not, but I can't answer for your insurance agency.
    Answer Applies to: Kansas
    Replied: 10/28/2011
    Law Office of Ernest T. Biando, LLC | Ernest Biando
    It may if you allowed him to operate knowing he was intoxicated.
    Answer Applies to: Massachusetts
    Replied: 10/6/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well if you continue to allow him access to the car the insurance company could raise your rates. Talk to an insurance agent they can tell you what your options are in this circumstances. Also if his license gets suspended and you allow him to drive you could get charged for that.
    Answer Applies to: Michigan
    Replied: 10/6/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Your insurance can go up. This is why you need to retain counsel, and we can represent your son.
    Answer Applies to: New York
    Replied: 10/28/2011
    Reza Athari & Associates, PLLC | Armand Fried
    It will not affect you as far a DUI on your driving record is concerned, but it very likely will affect your insurane rates as long as your son is a driver and/or lives in your household.
    Answer Applies to: Nevada
    Replied: 10/5/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You probably will lose your insurance or at least your 18 year old will be unisurable. You would likely not be charged with any offense unless you either provided your step-son with the alcohol, helped him procure it, or allowed him to operate your automobile knowing that he was impaired. Had he been in an accident the civil liability may have been huge.
    Answer Applies to: Alabama
    Replied: 10/5/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    If he is named on your policy and he is convicted it will likely increase your rates.
    Answer Applies to: California
    Replied: 10/28/2011
    Levine & McHenry LLC
    Levine & McHenry LLC | Matthew McHenry
    Your step-son's DUII will not affect you legally, but it may cause your insurance rates to go up.
    Answer Applies to: Oregon
    Replied: 10/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is unlikely to affect your vehicle or your insurance.
    Answer Applies to: Minnesota
    Replied: 10/28/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If he is insured on your policy, his OWI will most likely affect your insurance. If he has his own insurance it is less likely to affect you. There will be no criminal effect on you unless you knew he was drunk and let him operate your car.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    It will not affect you legally but probably your insurance will go up as he is a listed driver on your car. The good news is a .04 should be an Underage Drinking Charge (39:4-50.14) wherein there are no fines, no $3,000.00 surcharge and the most time your step-son can lose his license for is 90-days - make sure you hire an attorney so that he is not found guilty of a regular DUI.
    Answer Applies to: New Jersey
    Replied: 10/5/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Insurance, for sure. Assuming he is on your policy. He could even be dropped by the company.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Your stepsons DUI will have an adverse effect on his insurance. If you pay for the insurance on the car that he drives the most that insurance will go up. If he is listed as a driver on your insurance it will go up.
    Answer Applies to: California
    Replied: 10/5/2011
    Kenneth M. Hallum, Attorney at Law
    Kenneth M. Hallum, Attorney at Law | Kenneth M. Hallum
    Generally, you should experience no personal ramifications from your step-sons DUI. However, if he is on your family insurance any conviction or action on his license will reflect in your family insurance premiums, just as if he received a group of speeding tickets.
    Answer Applies to: California
    Replied: 10/5/2011
    Burdon and Merlitti
    Burdon and Merlitti | Adam Van Ho
    As a general rule, no, his DUI will not have an impact on your legal rights and responsibilities. However, if you allow your son to drive your car after his driver's license is suspended (which is mandatory for a DUI), then you could be charged with letting someone drive your car who is not allowed to drive. As far as your insurance, you may see a slight jump in your own policy, and your step-son will definitely see his insurance rates rise for the indefinite future. You should probably consult with an attorney to see if there is a chance for him to get the charges modified or if the court has a driver's intervention program for him to enroll in, which may help reduce the damage from his DUI.
    Answer Applies to: Ohio
    Replied: 10/5/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    If your step son is covered by you policy of insurance the rates may increase. If an accident was involved in this DUI in the District of Columbia a vehicle owner can also be sued if there was personal injury and/property damage.
    Answer Applies to: District of Columbia
    Replied: 10/5/2011
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    Yes, your insurance if he resides with you. If in later years he hurts someone, you might be charged with "negligent intrustment" if in Orange County, call me.
    Answer Applies to: California
    Replied: 10/5/2011
    Peter Duarte, Attorney at Law
    Peter Duarte, Attorney at Law | Peter Duarte
    No, it will not effect you. if he is 18 yrs old, he is considered an adult under the law. His insurance rate will go up.
    Answer Applies to: California
    Replied: 10/5/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    A .04 is per se not intoxicated. You should hire an experienced DWI attorney to represent him. I represented a doctor who blew a .04 and convinced the DA to dismiss all charges against him. His case may cause an increase in your insurance, especially if he is on your insurance policy or lives in your house.
    Answer Applies to: New York
    Replied: 10/5/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    His DUI will not affect you except that your insurance will go up on covering him and in the future if you loan him your car and he ends up killing or hurting someone and alcohol is involved, the complainant's lawyer in that situation would probably argue that you committed negligent entrustment because you knew that he was prone to drinking and driving.
    Answer Applies to: Texas
    Replied: 10/5/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    It should have no effect on you if you do not leave him on your insurance. The insurance company may require that you sign a waiver and agree that he will not drive the car. (There is no criminal liability unless you allowed him to drive and knew he was drunk or did not have a license)
    Answer Applies to: California
    Replied: 10/5/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Many parents try to save on car insurance by letting their children drive their car instead of getting them their own car and insurance. This will be a problem when they get into an accident and kill or injure someone, get a DWI, or get speeding or other tickets. You can be responsible for the actions of those that you allow to use your vehicle, but you cannot be charged criminally for the DWI.
    Answer Applies to: New York
    Replied: 10/5/2011
    Flood Lanctot Connor Stablein, PLLC
    Flood Lanctot Connor Stablein, PLLC | Paul J. Stablein
    From a criminal perspective, you have no liability unless you let your son drive the car knowing he was intoxicated. As it relates to your insurance, most insurance companies will increase your rates if you have a licensed driver living in your household who has been convicted of an alcohol related traffic offense. However, that rate increase can be eliminated by excluding your son on your insurance policy. That means he will not be able to legally drive your car because he would be uninsured.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Your insurance will increase- however his license will be suspended , unless he can get a critical needs one from the DMV.
    Answer Applies to: California
    Replied: 10/5/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Not unless there was an accident or unless the car was impounded.
    Answer Applies to: California
    Replied: 10/28/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No, unless the car was impounded and you have to pay a fee to get it out.
    Answer Applies to: California
    Replied: 10/28/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If he blew a .04, then he likely won't be charged with, or at least convicted of a DWI since the legal limit is .08. However he will likely will be charged with Underage Drink & Drive. You won't face any legal consequences or other issues, but your insurance rates will likely climb significantly should your insurance company discover the charge.
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If he did not have an accident, his first DUI will not implicate you in an civil lawsuit. His DUI will cause your insurance to go up, because your insurance co. recognizes the risk of insuring your car when he is DUI. If your son has a second DUI with an accident, you will be liable, because you are now on notice that he drives your vehicle while under the influence.
    Answer Applies to: Georgia
    Replied: 10/5/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Unless he had an accident with the vehicle, causing bodily injury to others, death, or property damage to others, you should have no civil liability, however, be prepared to incur dramatically higher insurance premiums, perhaps cancellation of his coverage, due to this. Also, you might be incurring some high attorneys fees and court costs and fines, plus alcoholic counselling for this boy.
    Answer Applies to: Illinois
    Replied: 10/5/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Well, hopefully you mean he got a "Minor Operating After Consuming Alcohol" sometime called a minor DUI. If not, he should fight it hard because a full-fledged DUI is based on .08, twice what your son blew. An experienced DUI attorney should be brought on board to fight it. If he did get the "Minor Operating After Consuming Alcohol" (Minor Op) than he is fortunate because the consequences are much less severe. That said, it is still a moving violation that could effect your insurance rates. That would be a question to ask your insurance agent.
    Answer Applies to: Washington
    Replied: 10/5/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No, not unless you knew he was intoxicated and let him get in the car and drive.
    Answer Applies to: Washington
    Replied: 10/28/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Whether or not your insurance will be affected is a matter of the conntractual relationship with your carrier. I strongly suggest that you see counsel as to the other issues.
    Answer Applies to: California
    Replied: 10/28/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Yes. Make sure that you assert the innocent owner claim to avoid immobilization.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    His DUI should not effect you. Charges could be theoretically brought against you if you knowingly let him drive your car in an intoxicated state, but I imagine that would have already occurred if the prosecutor wished to do that. I doubt that it would effect your insurance, but that is something only your insurance company can tell you. Make sure the court knows that the car your son got a DUI in is not his or else that could have the vehicle forfeited.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Only if you are paying for that child's insurance and that child is convicted of DUI. It has nothing to do with registration.
    Answer Applies to: California
    Replied: 10/28/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No.
    Answer Applies to: California
    Replied: 6/3/2013
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    If he is under you insurance, it will most definitely raise your rates.
    Answer Applies to: California
    Replied: 10/28/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    These actions are driver specific. It shouldn't affect you at all unless he is on your insurance.
    Answer Applies to: California
    Replied: 10/5/2011
    Baner and Baner
    Baner and Baner | Jonathan Baner
    It depends on some things. It probably will not have any effect on you, but if he is on your insurance that could present a problem.
    Answer Applies to: Washington
    Replied: 10/5/2011
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