Bankruptcy and DUI


The ramifications of a DUI charge are substantially more widespread than many people initially understand. At first, offenders comprehend the criminal aspect of DUI allegations, which can lead to jail time or significant fines. The recognition of license penalties can shortly set in, as suspended or revoked licenses can cause hardship for repeat offenders. However, if a person should face a major legal crisis, such as a divorce or a bankruptcy, the ghost of their DUI may show itself to be particularly damaging. In the case of bankruptcies, this can mean carrying thousands of dollars of debt deep into the future.

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In bankruptcy procedures, the portion of the process that frees debtors from their financial responsibilities to creditors is known as debt discharge. This allows debtors to get rid of certain debts that are permitted under the law, creating an environment in which debtors can rebuild a new financial foundation. While there are certain fees and debts that inherently cannot be discharged, most debts are relinquished under this motion.

If a DUI leads to an accident in which the drunk driver caused significant injuries, any damages he or she is assigned to pay to the injured party cannot be discharged. There are three major alcohol-related stipulations in bankruptcy law that can cause a drunk driver to keep their settlement debts after their bankruptcy.

Most plainly, any DUI-related accident automatically violates the grounds for personal injury settlement discharge. Additionally, any accident caused by negligence that was either willful or malicious, both of which being key legal determiners in debt discharge, cannot be discharged. Finally, some jurisdictions may refuse to discharge payments for violent crimes, and some alcohol-related accidents can be classified in this category.

Driving while intoxicated is a serious crime that has potential consequences few people even recognize. To learn more about how a DUI can change a person's future, contact a DUI defense attorney.


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