You have recently been arrested on drunk driving charges. You have not been convicted yet, but the case is going through the court system.
You are concerned about a conviction, which could come with fines, jail time and the loss of a driver’s license. You are also worried about how a DUI could affect your child custody rights. You and your ex are divorced and share custody of the children. Could a DUI have an impact on these rights or make it harder for you to see your kids?
The child’s best interests
It certainly could, as the court always operates using a standard that focuses on the child’s best interests. Some of the factors the court considers include past criminal convictions, evidence of alcohol abuse, drug abuse and similar concerns.
What the court is really evaluating is the child’s health and safety. A DUI could be viewed as evidence that it may be less safe for the child to be in your care, especially if you are responsible for providing transportation.
However, every case is unique. If you had a DUI conviction from years ago and have had no further legal issues, it may not affect your custody rights at all. On the other hand, if you recently received a DUI and had the children with you in the vehicle at the time, it is very likely to impact custody.
Understanding your options
This can be a complex situation, and it is natural to feel concerned about what it may mean for the future. It can be helpful to work with an experienced law firm at this time.