DUI/DWI Debts in Bankruptcy

What Section 523(a)(9) Covers

The statute is narrow but absolute. It covers debts for death or personal injury caused by the debtor's operation of a motor vehicle, vessel, or aircraft if the debtor was intoxicated from using alcohol, drugs, or another substance.

Every element matters:

• Death or personal injury -- physical harm to another person. This does NOT include property damage.
• Motor vehicle, vessel, or aircraft -- covers cars, trucks, motorcycles, boats, and planes. Courts have also applied it to ATVs, snowmobiles, and other motorized vehicles.
• Intoxication -- the debtor was legally intoxicated under applicable law at the time of the incident. A DUI conviction is strong evidence but not always required; the creditor can prove intoxication through other evidence.

What Section 523(a)(9) Does NOT Cover

Understanding the limits of this section is just as important:

Property Damage

Section 523(a)(9) only covers personal injury and death. If you totaled someone's car while driving drunk but nobody was physically hurt, the property damage claim is not covered by this section. The creditor would need to argue under a different exception -- typically 523(a)(6), willful and malicious injury -- which requires an adversary proceeding and a higher proof burden.

DUI Fines and Criminal Penalties

Government-imposed fines, court costs, and penalties from a DUI conviction are nondischargeable, but under a different section -- 523(a)(7), not (a)(9). The practical result is the same: they survive bankruptcy.

Criminal Restitution

Restitution ordered as part of a criminal sentence is nondischargeable under 523(a)(13). This also survives bankruptcy regardless of chapter.

Self-Executing Exception -- No Adversary Proceeding Needed

Unlike fraud claims under 523(a)(2), the DUI exception under 523(a)(9) is self-executing. The victim does not need to file an adversary proceeding or meet any deadline. The debt is automatically nondischargeable.

However, if there is a dispute about whether the debtor was actually intoxicated or whether the injury was actually caused by the intoxication, either party can file a declaratory judgment action to resolve the question.

Chapter 7 vs. Chapter 13

DUI injury debts are nondischargeable in both chapters. Before the 2005 BAPCPA amendments, Chapter 13 could discharge some DUI-related debts through the "super discharge." That loophole is closed. Today:

• Chapter 7: The injury judgment survives. You still owe the full amount after discharge.
• Chapter 13: Same result -- the debt survives. But the plan can help you manage payments on the judgment while catching up on other obligations. The automatic stay may temporarily halt collection efforts on the judgment during the plan period.

Proving Intoxication in Bankruptcy Court

If the debtor was convicted of DUI/DWI, the creditor can use the conviction as evidence of intoxication. Many courts apply collateral estoppel (issue preclusion) -- meaning if the criminal court already determined intoxication beyond a reasonable doubt, the bankruptcy court will not relitigate the issue.

If there was no conviction (charges dismissed, plea to a lesser offense), the creditor must prove intoxication by a preponderance of the evidence in bankruptcy court. Evidence can include:

• BAC test results
• Police reports and officer testimony
• Witness statements
• Hospital blood draws
• Admission by the debtor

Frequently Asked Questions

Related Resources

• All Nondischargeable Debts -- Section 523(a) Overview
• Government Fines and Penalties -- including DUI criminal fines
• Complete List of All 19 Subsections
• Free Discharge Eligibility Screener
• The Automatic Stay -- can it stop a civil lawsuit from a DUI?