Legal Question in DUI Law in Kansas

My step-son has had multiple DUIs and currently has an ignition interlock device on his car. He continues to drink and drive. He avoids the interlock by driving other vehicles/motorcycles he owns, leaving his vehicle running for hours on end so as not to have to restart it, having other people blow into it, etc. My problem: my husband (this kid's father) allows him to get drunk and drive OUR car when he cannot start his own. What is our liability if he has an accident causing property damage and/or injury to others?? I am against this practice and have protested each occurrence, but my husband allows it without my consent. The car is in both our names. Step-son is uninsured. Please help me, as I do not want to face the risk of being held liable for his actions. Also, what can be done to prevent repeat offenders from skirting the law in this manner?? I will anxiously await a response.


Asked on 6/06/10, 8:46 am

1 Answer from Attorneys
Sean Santoro Santoro Law Office

You can be liable if you allow someone to use your car while they are intoxicated. I am puzzled and disgusted by your husband's actions in this matter, as he is aiding and abetting the commission of a felony. You have several options. Get your name off the title. Sell your interest in the car to your husband. Get a car in your own name and don't give anyone the key. Call the police on your husband and stepson the next time your stepson drives drunk. Divorce your husband; he obviously has no regard for human life and is as unethical as his son. That this drunk hasn't killed or seriously injured someone is a miracle. Don't wait for a preventable tragedy to happen, and don't be bullied by these two criminals. Don't be the person weeping into the camera, apologizing because this drunk just ran over a child or an old woman crossing the street. Do something and do it now.

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Answered on 6/07/10, 8:41 am


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