Steer Clear: Avoid DUI and Financial Ruin this Holiday Season / DUI and Bankruptcy
Driving Under the Influence (DUI) not only jeopardizes your life and the lives and safety of others - it's also a financial nightmare with ruinous consequences. Court fees, costs and restitution are higher than you might think - not to mention potentially enormous damages demanded by victims for property damage and personal injury. When you factor in the potential loss of your driver’s license or employment, the picture of financial devastation becomes very clear.
As part of my bankruptcy practice, I help people get a fresh start from debt. Most of the time, these debts involves situations outside of my clients’ direct control. DUI is different because it involves a poor choice – and because Bankruptcy offers minimal protection for damages caused by DUI for personal injury or death. These types of debts are not dischargeable in bankruptcy - even if there is no underlying charge or conviction, or if the matter is resolved through the Alternative Rehabilitative Disposition (ARD) process. While debts tied to personal injury or death are non-dischargeable, other damages, such as property damage or economic claims (such as wage loss claims) could be dischargeable. Courts will review the facts of each case to determine the debt's dischargeability.
Most DUIs involving personal injury, death or property damage will trigger a lawsuit, or at the very least, the threat of a lawsuit. Filing for bankruptcy imposes an "Automatic Stay," which temporarily halts civil litigation, however, it does not stop criminal prosecution. The Automatic Stay nevertheless provides a window of opportunity to prepare a defense.
Navigating the complexities of bankruptcy due to debts resulting from incidents involving impairment by alcohol or drugs demands informed guidance. Hiring a firm such as CGA that has both bankruptcy and criminal law experience is essential. With the proper guidance, you can navigate this challenging process, working toward financial stability and resolution.