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  • Spouse driving on a suspended license/DUI

    My husband got a DUI in AZ back in February. He has done his jail time, alcohol classes, and some home detention. He is in sales for work and travels to CA and NM. He needed to go to CA this week and he rented a car, I was furious. He is on a suspended license and has a work permit until the end of July. Then he has to get the ignition interlock for 18 months(it was a super extreme DUI). The rental car place does not run his license since he rents from them regularly and is part of their emerald club but I'm concerned about his lawbreaking and his disregard for the consequences if he were to get into an accident or get pulled over.

    Also, he seems to think that the work permit means he can just drive where ever he wants here in AZ. If he were pulled over, how strict would an officer be about figuring out if he was/wasn't driving for work? He has shown absolute disregard for the law recently. We've been married 17 years and I've never seen this kind of blatant disrespect for the law. He was actually angry at me when he found out that I was very close to reporting him the night of the DUI, luckily he got caught without my intervention. He also has not stopped drinking and he's still hiding alcohol in his office closet which makes me nervous about a possible DUI number 2. He didn't drink for the first 15 years of our marriage, I had no idea this was coming and I was just completely blindsided.

  • #2
    Originally posted by lizatola View Post
    My husband got a DUI in AZ back in February. He has done his jail time, alcohol classes, and some home detention. He is in sales for work and travels to CA and NM. He needed to go to CA this week and he rented a car, I was furious. He is on a suspended license and has a work permit until the end of July. Then he has to get the ignition interlock for 18 months(it was a super extreme DUI). The rental car place does not run his license since he rents from them regularly and is part of their emerald club but I'm concerned about his lawbreaking and his disregard for the consequences if he were to get into an accident or get pulled over.

    Also, he seems to think that the work permit means he can just drive where ever he wants here in AZ. If he were pulled over, how strict would an officer be about figuring out if he was/wasn't driving for work? He has shown absolute disregard for the law recently. We've been married 17 years and I've never seen this kind of blatant disrespect for the law. He was actually angry at me when he found out that I was very close to reporting him the night of the DUI, luckily he got caught without my intervention. He also has not stopped drinking and he's still hiding alcohol in his office closet which makes me nervous about a possible DUI number 2. He didn't drink for the first 15 years of our marriage, I had no idea this was coming and I was just completely blindsided.
    The first order of business is to seek help for yourself. There are various support groups that may be able to provide you the assistance you need when dealing with a loved-one who is suffering from what from the outside appears to be alcoholism.

    People take up drinking late in life for a variety of reasons, each as varied as the person it effects. Part of the learning curve for you will be coming to know that despite your best intentions and possibly his promises, it will be an uphill battle.

    When you say
    He was actually angry at me when he found out that I was very close to reporting him the night of the DUI…
    This portends of alcoholism, as does:

    he's still hiding alcohol in his office closet…
    This is a common sign of someone with an alcohol problem. Mind you I am not condemning him, just making an observation.

    As for liability you could face, should he get into an accident there is a chance that because you are married any subsequent civil judgment could dip into your hard earned savings; it could cost you your home and more. On this, you need to seek professional legal advice which is far beyond the scope of any answer you may get here. Even if you were to report him and his alleged violations, that does not in itself relieve you of potential shared liability. Again, seek legal advice.

    Now, into the details of his behaviors: Since I am not familiar with the conditions of his “work” permit I can only speak generically. Given that he is in sales, it could be argued that he is on a sales job when he travels and thus would be covered under the conditions of his conditional license, but this may be subject to debate. If he was stopped by law enforcement and they ran his drivers license they should get a return on his restrictions. I would add that some, but not all provisional licenses bear an imprint of any restrictions in effect.

    The dynamics of your relationship and numerous other factors will come into play as this situation unfolds. The best advice I can offer is to get help for yourself and go from there. As for him, he will only get help (an use that help) when he is ready. For some alcoholics it is a moment of clarity; others it is following a DUI arrest; others after an accident and sadly for some they never fully accept help.
    Originally posted by SSD
    It has long been the tradition on this forum and as well as professionally not to second guess or Monday morning QB the officer's who were actually on-scene and had to make the decision. That being said, I don't think that your discussion will go very far on this board.
    Originally posted by Iowa #1603
    And now you are arguing about not arguing..................

    Comment


    • #3
      Originally posted by lizatola View Post
      Also, he seems to think that the work permit means he can just drive where ever he wants here in AZ. If he were pulled over, how strict would an officer be about figuring out if he was/wasn't driving for work?
      100% strict where I'm at. I will make phone calls and even follow up up with people at a later date, then get an arrest warrant if I have to. Regarding the other issues, Sgt Jon makes good points.

      Comment


      • #4
        Very difficult to add to the very pertinent information my colleagues have provided you with. My Agency would deal with your husband's situation strictly according to the book. Suspended DL's with "work permits" usually are interpreted as going to, or coming from work. So technically an evening out entertaining clients etc, would be a violation of the terms of the permit if your spouse was driving. Any subsequent DUI's would result in the immediate withdrawal of the work permit, which by the way, is not an entitlement, but more of reasonableness on the part of the court. Further, it could result in the revocation of your husband's driving privilege , and cost you both large sums of money for bond, attorney's fees, and court costs. We haven't even gotten to the civil liability my colleague mentioned. In common with my colleague, I would urge you to seek the help and support which you seem to need. In seeking it, you do yourself no dishonor. There are many situations which are difficult to fight alone, and without support. Yours is one of them.

        Comment


        • #5
          As others have said, seek out the appropriate resources you need to help you through this tough time and gain the support you need. I know you want to help him, but it sounds like right now he doesn't want that help and may be in need of a serious reality check.


          As far as he goes:
          Depends on the officer as some won't pry too far into things whereas others such as myself tend to be pretty strict on them and usually can figure out if you're operating in violations of those restrictions.

          If he gets found in violation of those restrictions it can be very costly as he will be given the criminal citation for 28-3473A (Driving on Suspended DL) in addition to anything else they may find. The vehicle will then be impounded for 30 days as part of a 28-3511 mandatory tow for operating that vehicle on a suspended license. That is costly on it's own as there is the tow fee, storage fee of 15/day, and a 150 hearing fee paid to whichever PD. It can be quite costly.

          In addition to that, if he were to be found DUI while it is still suspended he would be charged with an aggravated DUI, which is a felony in the state of AZ.

          He really is playing with fire here...

          Comment


          • #6
            I really do feel pity for people with alcoholic spouses. I admire your devotion to your husband, and I sincerely hope that you can help him overcome his addiction. But ultimately he's going to have to help himself.

            I have a neighbor who is a severe alcoholic and frankly a dangerous drunk. She's committed criminal trespass into my house and assaulted police officers. As far as I can tell her husband has done everything he can for her. He takes her to treatment, bails her out of jail, appologizes to the neighbors (i.e. me). The man is a saint. I'm afraid his wife may be too far gone, but he remains loyal.

            Here in TX on an occupational license you get to pick 12 hrs per day to be driving, and it's only supposed to be to and from work, the grocery store, dr's appointments, etc. No taking the wife out to dinner, no taking the kids to a movie... any of that, and he'll probably be going to jail for Driving While License Invalid.
            "No one can make you feel like a turd without your permission." - Eleanor Roosevelt.

            Comment


            • #7
              I was afraid of some of that. He is currently using a facially valid license to rent the cars but in reality he's on suspension and a work permit. I contacted an attorney and pretty much found out that the only way to protect myself is to legally separate. I'm still not quite ready for that.

              I am involved in Al Anon and have a sponsor and am also in counseling. I also have a few wonderful Christian friends who I meet with regularly for support. It's hard when you've invested so many years of your life into a relationship that has come to a sudden halt. He can't even look me in the eye most days. It's really quite sad.

              The conditions of his work permit are: he is allowed to drive to/from work, to/from doctor's appointments, and to/from any appointment that revolves around the DUI or DMV stuff(ie the ignition interlock installer, attorney appointments, etc). That's it. He drove our son around last week while I was at my Al Anon meeting and I kept my mouth shut but I felt that he was putting our son at risk. I mean, what would happen if an officer pulled him over and saw the restriction on the license and saw a 13 year old in the car? Could they ask my son where they were traveling to/from? That puts my kid in a position to either lie for dad or feel like he's ratting dad out. Not quite an ideal situation. I have since told my son that he is not to get in the car with my husband and to call me if I'm not home so I can speak to him.

              Comment


              • #8
                There's not really anything I can add that hasn't already been covered except for the rental car....you might want to consider giving the agency he rented from a call and making them aware of his license status

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                • #9
                  Thanks, HotSoup, I've thought about that but realized that it seems like I'm ratting him out. I guess I feel that's just not my place. He's out traveling around this weekend in town just going about his normal business, completely disregarding his restrictions. He seems to think that a 'work permit' means 'you got your license back'.

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                  • #10
                    Ok if you don't want to "rat" him out then you'll need to prepare yourself for the consequences of when he gets into an accident and kill or seriously injures someone and they come back and sue him and you along with him because you're his wife....you'll lose out just as much as he will....you aren't ratting him out to the police your just making it harder for him to drive till he gets his license back...but you do what you have to do....you don't want to be a rat it's no skin off my back.

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                    • #11
                      If he violates the restrictions on his license (to/from work/school etc) then it would essentially constitute the crime of Driving on a Suspended license where I am. As it has been stated, some officers dig deeper than others. If he is caught, he could face arrest depending on how the jurisdiction he is caught in treats the offense of driving on a suspended license (In NYS it is a crime). I would sit down with your spouse and have a serious chat with him about how his decisions could impact not just him, but your entire family.

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                      • #12
                        Thanks NYC. I did try to talk to him Sunday AM but the first thing he said was, "Quit trying to run my life and tell me what to do." All I did was remind him that his choices affect OUR family and that he can face serious consequences if he gets stopped. He basically told me he'd lie to the officer and he said, "They don't know if I'm going to my alcohol classes or doing something for work."

                        So, basically he pretty much told me he's willing to risk it. Lucky me.

                        Comment


                        • #13
                          Originally posted by lizatola View Post
                          Thanks NYC. I did try to talk to him Sunday AM but the first thing he said was, "Quit trying to run my life and tell me what to do." All I did was remind him that his choices affect OUR family and that he can face serious consequences if he gets stopped. He basically told me he'd lie to the officer and he said, "They don't know if I'm going to my alcohol classes or doing something for work."

                          So, basically he pretty much told me he's willing to risk it. Lucky me.
                          Sounds like the "alcohol classes" administrator is not fully executing her / his duties. Up here, either by me "back in the day" I, or now my old partners, would deal with your spouse as follows:
                          - charge him with the Provincial (non-criminal) offence of Drive Outside of Restriction;
                          - - no fine, mandatory Court appearance, could face Fail To Appear (non-criminal) charge if FTA Court (could have an informed Agent, or lawyer, appear for him);
                          - seize the vehicle;
                          - - would be allowed to remove any items from within the vehicle, would not matter if you or another legally-licenced driver was present at the time;
                          - if he did not have a cell phone, use my (their) phone to call someone to come to the scene to give him a ride wherever;
                          - - see above for the non-release of the vehicle;
                          - report the seizure to the review board;
                          - - average time held ~ 2 weeks, would cost tow and storage costs to release, could be sold by the tow company if not claimed and the licence plates cancelled.

                          Sorry for your situation. If this ever devolves into a Domestic Violence situation, do NOT hesitate to report his butt, because I am getting a picture of the build-up to same.
                          #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
                          Proud Dad of #54266 - RCMP - 2007-02-12 to date
                          RCMP Veterans Association - Regina Division member
                          Mounted Police Professional Association of Canada - Associate (Retired) member
                          "Smile" - no!

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                          • #14
                            I stop your husband. I ask him what he is doing out. He tells me he is going to work. Guess what. I am going to check. Alcohol classes? I am checking for that as well. He lied to me. Big problems.

                            He may get away with it (not getting stopped) which will embolden him to do it again. He wants to be in charge, wants things to go back to the way they were. He does not want to have to deal with this. It is enough for him. By driving it is his way of being back in control.

                            Comment


                            • #15
                              Originally posted by nyc7011 View Post
                              If he violates the restrictions on his license (to/from work/school etc) then it would essentially constitute the crime of Driving on a Suspended license where I am. As it has been stated, some officers dig deeper than others. If he is caught, he could face arrest depending on how the jurisdiction he is caught in treats the offense of driving on a suspended license (In NYS it is a crime). I would sit down with your spouse and have a serious chat with him about how his decisions could impact not just him, but your entire family.
                              Actually he wouldn't be charged with Aggravated Unlicensed Operator (511) in NY if he violates his conditional license (conditional licenses are issued after a conviction of section 1192 of the VTL DWI/DWAI; restricted licenses are issued to people who have accumulated a certain number of points on their license due to moving violations). The charge is VTL 1196(7)(f) - Operating a motor vehicle in violation of a conditional license. Also he would be charged with VTL 1198(7)(A) - Operating a motor vehicle without ignition interlock device (misdemeanor).

                              Comment

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