If a spouse continues to drive after drinking, Uber is one option, but eliminating the financial risk likely comes down to divorce.

Q: My husband is an alcoholic who continues to drive after he has been drinking. He’s been in and out of detox and rehabilitation facilities several times without improvement. I’m fearful of him having a wreck and killing himself and/or others. What can I do to stop him in the future? And what can I do to protect myself financially if something horrible were to happen? Is divorce the only option?

A: One option is to install an ignition interlock device on the cars you and your husband own. Your husband might not take well to that plan, but maybe if you discuss the idea with him when he is sober and open to a discussion, you may have success.

Be sure to mention that Uber, Lyft and other similar companies are available to drive him wherever he needs to go. And the cost of all those rides is far less than the fees his defense attorney will charge if he ever does have a wreck while impaired.

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And, of course, don't forget to tell him that under Texas law, intoxication manslaughter carries a two- to 20-year prison sentence.

If those discussions get you nowhere, then every time he gets behind the wheel after drinking too much, call local law enforcement and let them know which car he is driving and where he is going. If you and your husband share your locations with each other on your phones, you can tell them exactly where he is and the direction he is traveling. In fact, if you live in a smaller town, you might even be able to arrange for an officer to be on standby waiting for your call.

Your call to the authorities can be made anonymously, but it may be better for you to tell your husband that you intend to alert law enforcement the next time you're aware he is driving while impaired.

If your husband has previously been charged with drunken driving, and he is presently out on bail, call the prosecuting attorney and report his actions. Your husband likely would have hired his own attorney to defend himself, and you can notify this attorney, as well, that your husband is continuing to drink and drive. If your husband is on parole, contact his probation officer.

You could also call his last detox or rehab facility to see if they have any suggestions.

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To protect yourself financially, the two of you could sign a marital property agreement where you divide your assets into two separate property halves. But if you want to minimize or possibly eliminate the risk of financial loss, divorce is the best option.

The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to: stateyourcase@lipmanpc.com.

QOSHE - Only one way to eliminate financial risk of drunken-driving husband - Ronald Lipman
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Only one way to eliminate financial risk of drunken-driving husband

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23.01.2024

If a spouse continues to drive after drinking, Uber is one option, but eliminating the financial risk likely comes down to divorce.

Q: My husband is an alcoholic who continues to drive after he has been drinking. He’s been in and out of detox and rehabilitation facilities several times without improvement. I’m fearful of him having a wreck and killing himself and/or others. What can I do to stop him in the future? And what can I do to protect myself financially if something horrible were to happen? Is divorce the only option?

A: One option is to install an ignition interlock device on the cars you and your husband own. Your husband might not take well to that plan, but maybe if you discuss the idea with him when he is sober and open to........

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