Legal Question in DUI Law in California

My wife is struggling with alcoholism. She continues to drive while under the influence. I am trying to limit her ability to do so but for reasons beyond my understanding she continues to find ways to expose herself to risk. I am not to the point where I want a divorce but I do want to protect myself and my children from the civil liability she exposes us to. I am concerned that she could get in a wreck or hurt someone and wipe out our savings, home and retirement. What options do I have?


Asked on 9/03/09, 12:28 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You could change title on her car to her alone to limit your direct liability exposure, make sure you have excellent high limit insurance coverage on all cars and an 'umbrella' policy [talk to your agent], get her into AA and counseling and alcohol program[s] if possible. Invoke an 'intervention' by family and friends. There is only so much you can do without her cooperation.

You could seek Conservatorship or Guardianship over her and commit her to a residential treatment program. That would be tough to accomplish and expensive to try. You'd have to show the court she is 'incompetent' to control herself.

A divorce, with immediate separation and non-responsibility orders with publication. Talk to a divorce attorney.

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Answered on 9/03/09, 1:22 am
Brian Dinday Law Offices of Brian R. Dinday

Mr. Nelson's advice was good. But if you put into effect a million dollars in liability insurance, it should cover most any claim, including a death. Of course, punitive damages are not paid by insurers, but as an attorney who has litigated many personal injury and wrongful death cases, I would be hard pressed to refuse a million in insurance coverage so I could press for a larger judgment with very questionable ability to collect on it. It is very hard to go after personal assets, so most lawyers will accept the insurance limits. Good luck. By the way, your wife is also risking being prosecuted for murder in the second degree. With repeated drunk driving, and fully knowing how dangerous it is, one continues to do it, the law will consider a fatal accident as one done with "malice", the element needed to boost manslaughter to murder. Ask your wife how she feels about spending years in prison.

Another option is to have installed in your cars a device that prevents anyone from driving while they have alcohol on their breath. That might put a crimp in her actions.

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Answered on 9/03/09, 1:14 pm


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