What will happen if someone else gets a DUI in my car?

Question

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?

Jared Austin · Answer

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.

Locke Clifford · Answer

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.

James Robinson · Answer

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.

Terry Nelson · Answer

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.

Cotter Conway · Answer

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.

Thomas Mueller · Answer

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

Townsend Myers · Answer

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.

Jeremy Geigle · Answer

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.

Seth Bloom · Answer

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.

James Schoenberger · Answer

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.

Joseph Katz · Answer

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.

Theodore W. Robinson · Answer

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.

Jacob Erickson · Answer

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.

Philip Hache · Answer

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.

Eric Chandler · Answer

As long as your car was insured you are ok.  Your boyfriend, however, is likely in need of legal counsel.

Eric Sterkenburg · Answer

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.

Dennis Roberts · Answer

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.

Leonard Harden · Answer

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.

Jeff Yeh · Answer

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).

Scott Hilderman · Answer

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.

Stephanie Hartung · Answer

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.

Michael Nichols · Answer

They have to prove that you knew he was intoxicated and gave him permission.

Kevin Michael Smith · Answer

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.

Gabriel Dorman · Answer

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.

Justin Olsinski · Answer

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.

Edward Kroll · Answer

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.

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