Question: Is It Legal to let your spouse drive drunk?
Written by ITL Attorney, Posted in Criminal Law
Assuming you do not serve a spouse to the point of intoxication and do not hand them the keys to the car when walking out the door intoxicated, as well as not giving them permission to drive your car if you know their driver’s license is suspended from a DUI, you are probably safe with one exception: minors in your care or custody- you may have a duty to object and/or or report any such child endangerment.
Additional note from attorney: “Bottom line is you’re most likely NOT legally responsible, however you could be held financially responsible if your spouse were to seriously injure someone. I once had a client that had DUI after DUI. His wife divorced him but they still remained in a relationship. She stated the divorce was merely to protect her from financial disaster.”