How a DUI Can Affect Your Child Custody Efforts

When a court decides on a child custody case, they prioritize the child’s best interests. Parents who have committed the offense of driving under the influence of alcohol may worry about how the charge can impact their custody case.

Although you can view a DUI charge negatively in a child custody dispute, a few factors will impact whether it ultimately affects the outcome. Continue reading to learn how influenced driving can affect your child custody efforts.

You Committed a DUI With a Child Passenger

The judge may be particularly interested in whether you had your child in the vehicle while driving under the influence. Even carrying an underage passenger in the vehicle who is not your child is cause for concern. 

Driving while intoxicated raises your chances of being in an accident by impairing your vision, affecting your judgment, and decreasing your reaction time. Driving under the influence with an underage passenger thus puts the child in unnecessary danger. 

You Can’t Care for the Child

A DUI conviction can result in a slew of unforeseen fines and costs. To discourage people from driving while impaired, the courts levy thousands of dollars in fines as punishment for driving while intoxicated.

If you get sentenced to incarceration, your income may stop entirely. Even if you get accepted into an electronic home monitoring program or local work release, the court may use most of your earnings to pay for alternative sentencing.

The financial burden, combined with a recent divorce and child custody trial, can be overwhelming, negatively impacting your capacity to care for a child regularly.

There is also the matter of probation to consider. The court may order you to attend special classes, complete community service hours, and allow monitoring of your sobriety. All of these responsibilities can interfere with primary child care.

You Have a History of DUIs

A single DUI may not be as damaging to your case as several DUIs. Regarding custody cases, judges have a significant amount of discretion. The judge may, therefore, regard your one DUI as a one-time judgment lapse.

Several drunk driving cases demonstrate that you have made drunk driving a habit. Multiple drunk driving cases indicate that you have not learned your lesson, and whichever punishment you received for the conviction was ineffective. 

A judge is more likely to deny you custody if they see that you have multiple DUIs on your record. The judge may consider the possibility of relapse and the risk this poses to your child when making their decision.

You Lost Your Driving Privileges 

The court carefully considers every factor affecting the child’s day-to-day life when determining which person can get permission for parental responsibility. It includes the ability to drive safely.

If you get a revocation of your license due to drunk driving, you can have difficulty getting to and from work. You may also be unable to ensure your child goes to necessary activities and appointments or attend school.

You probably have many questions and concerns if you’ve got an indictment for drunk driving. You may be concerned about how it can impact your custody arrangement. It won’t be easy to persuade your child’s other parent and the juries that, despite the drunk driving charge, you are still a responsible parent. That is why you may require the assistance of a seasoned family lawyer. 

At North Metro Litigators, we will construct a defense to demonstrate that mistakes do not define who you are. We will battle the court to ensure you keep custody of your children. This way, your child will continue to have you in their life. Contact us today to schedule a free consultation.b