I disagree that California is a better state to live in in this type situation. Being a community property state you are equally liable for debts incurred during the course of the marriage, including SOME judgments, and I am doubtful that a legal separation would give you the protection you are looking for.
Typically in personal injury suits plaintiffs sue anyone and everyone that might possibly lend a hand. I am currently involved in this situation as I was hit by a DD in July last year. I was driving husband's car, DD was driving her daughter's car. Order of liability goes......
1) Daughter
2) Mother
3 ) My husband and his policy as owner of his car
4) My own policy
My state (Georgia) requires all insurance to be exhausted before pursuing a civil suit. Mother doesn't have one, my husband's only covers PIP in FL. Therefore its the daughter's and my policies which will cover the accident. Her policy limits are only 25k. Mine is 100k I am thankful we are covered I have no interest in fighting a 3 year battle and its sufficient to cover damages. The daughter is married and is on the mortgage jointly with her husband. We could not name him in the suit as he is not titled on her car, but If we obtained a judgment we could go after 1/2 of this asset. However, since GA is not community property if her husband's name was the only name on the title to the house it would be a no go. Not so in CA.
Community property states' laws differ from others in that the assets a couple accrue during a marriage belong to both parties equally in a divorce, regardless of who actually earned the money or purchased the asset. Community property laws governing each spouse's liability for debts differ, but in some community property states, such as California, a woman is liable for any debt her husband incurred over the course of their marriage.Debts incurred prior to the marriage belong solely to the debtor rather than the spouse. I can't tell you what would be applicable to you in this situation as the laws from state to state vary greatly and I am sure their are exclusions.
My advice to you would be to up your insurance policy limits to the maximum in the interim. You might also look at an umbrella policy. These are expensive - but since your husband is insistent on continuing to drive drunk it would be worth it to protect your son and yourself. Additionally I would be more concerned about your name being on the title of any car he drives than the rental issue.
California is a 3 strike State - your husband has 2 DUI's? He is looking at some SERIOUS trouble if he gets another which could really affect you. This might also be consider a felony rather than a misdmeanor. What might be beneficial to you are the statutory limitations set in California regarding recovery - most states have these.
Run, don't walk to an attorney's office. It may be that divorce is the only option to protect your assets - I would hate for something to happen to you and your son due to his continued negligence.