If you share custody of your child with your ex or have visitation rights, you will know that the arrangement can be modified if a change in circumstances arises. Any occurrence that changes the court’s opinion on what is in the best interests of the child could lead to a child custody arrangement.
If you have recently been accused of any crime, therefore, this could give the child custody courts reason to limit your custody time or limit your access to supervised visitations. The following is an overview of how DUI convictions relate to child custody, and how to stop a DUI accusation from becoming a problem for you.
Why should a DUI affect my ability to see my children?
If you were found to be driving under the influence of alcohol, the courts could interpret this as you consuming alcohol irresponsibly. They may express concern in regard to the possibility of you being heavily intoxicated around your children. Additionally, they may believe that there is a heightened possibility that you could drive under the influence of alcohol while your children are in the car, which puts their life at risk.
What considerations will be made?
If you have already been convicted of the DUI, the courts will pay attention to the circumstances. Your Blood Alcohol Concentration (BAC) at the time of the arrest will be taken into account. If you were found to be heavily intoxicated, this will likely have more severe implications. The time of day and where you were traveling to or from may also play a role.
How can I prevent a DUI from affecting child custody?
The best way that you can prevent a DUI from affecting custody is to successfully defend yourself against the charge. Depending on the circumstances of your arrest, there could be many ways to do this.
If you are worried that a DUI could affect your child custody arrangement, make sure that you take swift action to defend yourself.