Jump To Navigation

Is DUI Debt Dischargeable in Bankruptcy?

Drunk driving in Arizona is an expensive mistake that can lead you with a mountain of debt.  Unfortunately, no amount of online debt consolidation can help you out as it is not possible to repay such debts through a consolidation program.   Successfully filing for bankruptcy can be a challenge for those who have been convicted of DUI, and some cases may not be relieved by a Chapter 7 filing.

There are essentially two separate bankruptcy statutes that concern non-dischargability of drunk driving debts. The first concerns bodily injury or death.  Under Section 523 (a)(9) of the Bankruptcy Code, “death or personal injury caused by the debtor’ operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance,” then the debt will be deemed non-dischargeable.  The purpose of this law was to ensure that those who caused personal injury or death by drunk driving do not escape liability under the bankruptcy laws.

The second type of non-dischargeablilty for a drunk driving debt occurs in the context of property damage if it is determined willful and malicious pursuant to section 523 (a)(6) of the bankruptcy code.  If a utility pole is taken out, a fence, another car damaged without personal injuries, or some other property damage claim listed in a bankruptcy case, exclusive of any personal injuries, then those debts will be wiped out unless the creditor timely brings an action in the bankruptcy court and prevails.

Further, under a Chapter 7 there may be other grounds as well that provide for non-dischargeability drunk driving debts, depending upon the circumstances. For example, certain government fines, court expenses, restitution, and other drunk driving related issues may not be dischargeable.

Read more about our bankruptcy services…

Contact Us for a Free Consultation
Office Locations

Phoenix Office
Wright Law Offices
668 N. 44th St., Ste 320
Phoenix AZ 85008

Telephone: 602-456-6085 / 866-703-3287
Phoenix Law Office

Scottsdale Office
Wright Law Offices
7135 East Camelback Road, Ste 230
Scottsdale AZ 85251

Telephone: 480-845-0145 / 866-703-3287
Scottsdale Law Office

Tempe Office
Wright Law Offices
2238 S. McClintock Dr.
Tempe AZ 85258

Telephone: 480-845-0145 / 866-703-3287
Tempe Law Office

Avondale Office
Wright Law Offices
12725 W Indian School Rd, Suite E-101
Avondale AZ 85392

Telephone: 623-258-4480 / 866-703-3287
Avondale Law Office

Prescott Office
Wright Law Offices
1129 Iron Springs Rd
Prescott AZ 86305

Telephone: 623-258-4480 / 866-703-3287
Prescott Law Office

Mesa Office
Wright Law Offices

1731 W. Baseline Rd.
Suite #100
Mesa, AZ 85202
Telephone: 480-845-0145 / 866-703-3287
Mesa Law Office

Glendale Office
Wright Law Offices
20325 N. 51st Ave., Suite 134
Glendale, AZ 85308
Telephone: 623-258-4480 / 866-703-3287
Glendale Law OFfice

Facebook IconTwitter IconVisit Us On Google+Visit Us On Google+