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What will happen if someone driving my car has been arrested for DWI?

If someone other than yourself is driving your vehicle, and gets arrested for a DWI you may have concerns that it will somehow impact you and your ability to drive. A DWI comes with penalties like jail time, probation, large fines, alcohol education courses, or mandatory installation of an ignition interlock device If this situation presents itself, you will not be affected, assuming there is no evidence that you had knowledge of the other driver’s intoxication. You cannot be punished because another person got behind the wheel of your car drunk. The driver of the vehicle, not you, the owner of the car, will be the only one face the consequences of the actions.

You may face some penalties if your car has been seized, and you have to get it out of impound. You will want to do this quickly, so as to avoid the expensive daily penalties that are accrued at an impound lot. If your car was impounded you can contact the police department that arrested the driver of your vehicle to get the information on where your car is currently located. None of this will have an effect on your personal record, it will only have an effect on your personal wallet.

Additionally, if the driver is involved in an accident while using your car you could face a civil charges. This is especially true if the person who is driving your car, is an alternative driver in your vehicle on a regular basis. Also, if your vehicle was involved in an accident you insurance rates could go up, even if you weren’t involved in the crash. This can happen if your insurance company has to pay for any damages, either to your car or the other car involved in any crash.

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Conversely, if you had knowledge of the other person driving drunk in your vehicle you could face very serious penalties. These penalties could include charges like reckless endangerment. You could also face civil charges, if a victim believes that you contributed to the accident involving your friend driving your car. Negligence is determined on a case-by-case basis, but the only way to avoid the negligence charge is to not allow any person who is under the influence of drugs or alcohol to operate your vehicle.

It is very unlikely that you will face penalties if someone else gets a DWI while driving your car, however you could face consequences if they are involved in an accident or if you knew they were driving while intoxicated. Your potential penalties can range from simply paying to get your car out of the impound lot, your insurance rates rising, or at the very worst negligence and reckless endangerment for allowing someone to drive your car while under the influence of alcohol or drugs. It is important that you know and trust any person whom you let behind the wheel of your vehicle, not just to protect yourself, but to protect the lives of others on the road.

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Disclaimer

The information in this blog is for general informational purposes only. Information may be dated and may not reflect the most current developments. The materials contained herein are not intended to and should not be relied upon or construed as a legal opinion or legal advice or to address all circumstances that might arise. You should contact your attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Links to any third-party websites herein are provided for your reference and convenience only; Smart Start does not recommend or endorse such third party sites or their accuracy or reliability. Smart Start expressly disclaims all liability regarding all content, materials, and information, and with respect to actions taken or not taken in reliance on such. The content is provided “as is;” no representations are made that the content is error-free.

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