The indisputable, yet sometimes complex, answer to this question is, no. However, many clients don’t even know to be asking this question so they may not find out a debt like this is not wiped out unless they discuss it with their bankruptcy attorney. Filing bankruptcy will not get rid of any debt incurred from a driving under the influence (DUI) or driving while intoxicated (DWI) prosecution and here is why…

Driving while intoxicated and driving while impaired are one of the most common criminal offenses and can cause a large financial burden. The total cost can range anywhere from $5,000 to $24,000, not to mention court costs, medical bills and other surcharges that can make these fines difficult to pay. While most debts can be discharged in a bankruptcy, the Court deems debts from a DUI/DWI to be non-dischargeable. These debts are considered to be incurred from reckless behavior and should not be able to be wiped out. The Bankruptcy Code puts limitations by making DUI/DWI debts and obligation that must be repaid. In order to successfully be discharged from a bankruptcy, the Bankruptcy Administration has to determine the debtor’s case is not presumed to be an abuse of the provisions of Chapter 7 or Chapter 13 under the United States Bankruptcy Code.

In Section 523(a) of the Bankruptcy Code, it states:

(6) for willful and malicious injury by the debtor to another entity or to the property of another entity.

(9) for death or personal injury caused by the debtor’s 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.

(13) for any payment of an order of restitution issued under title 18, United States Code;

Title 18 restitution covers “(i) a crime of violence, as defined in section 16; and (ii) an offense against property under this title, or under section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)).”

Anyone can list in their bankruptcy petition the debt incurred from the DUI/DWI, but the debt from those charges will not be discharged. However, this does not stop your other dischargeable debts from being discharged. In other words, credit cards, medical bills and unsecured personal loans can still be wiped out despite your criminal restitution charges and personal injury debt from a DUI/DWI not being wiped out in a bankruptcy.

To know what debts may be specifically dischargeable in a DUI/DWI case speak with an experienced bankruptcy attorney.