Child Custody Laws and DUI
A DUI conviction can be very damaging when you’re fighting for child custody rights. But it is not uncommon for our clients to be going through a divorce or child custody hearings. Your problems just seem to keep piling up, and you feel hopeless and overwhelmed. We understand, and we know how to minimize child custody issues after a DUI conviction. Depending on the circumstances of your DUI arrest, and your past and current behavior, a DUI conviction does not mean all is lost. The judge that presides over your child custody hearings will definitely take your DUI conviction into account, but if this is your first DUI conviction and you don’t show a pattern of alcohol-related incidents, you could still have a shot at joint custody and child visitation rights.
Discuss your options with a top-rated DUI attorney in your area right now. Call 1-888-839-4384 anytime. He or she has fought for the rights of many divorced parents in the wake of a DUI arrest, and will work together with your child custody lawyer or divorce attorney to maximize your parental rights. If you don’t have children, your well-respected legal team can still craft a favorable divorce agreement after a DUI.
There is always hope, but you have to take action now. You can be assured the prosecution has already started to build a case against you.
Transporting Children after a DUI Conviction
There are a lot of factors that will determine if transporting a child after your DUI conviction is possible. These include:
• Is this your first DUI conviction, or do you have multiple DUI convictions?
• Were there any children under 14 years of age in the car when you were arrested?
• Can your spouse’s divorce attorney argue that your DUI arrest is just one more indicator of a serious drinking problem?
Another risk you face is if the opposing child custody lawyer or divorce attorney can prove that you place partying and drinking ahead of your children’s welfare. This can be proven through bar receipts and eyewitnesses, so be very careful during this critical time.
How a Jail Sentence May Affect Child Custody
Mandatory jail time after a DUI conviction is a very real possibility, especially if you have more than one DUI conviction on your record. And jail is not a place where your ex-spouse will want to bring your children, no matter how much they “miss Dad or Mom.” Jails are scary places, even for adults. And your ex-spouse does not want the children to see the other parent in handcuffs and an orange jumpsuit.
Of course you cannot exercise physical custody of your children while in jail. And once you are released, your chances of getting legal custody or physical custody of your children have already been damaged.
So don’t risk going to jail and losing your children – maybe forever. The time to FIGHT for your children is now! Talk to a highly-capable DUI lawyer right now about how a jail sentence may affect child custody. Your initial consultation is FREE. Call 1-888-839-4384 anytime day or night.
More DUI Penalty Resources
To learn more about DUI penalties across America, read through some of our informative articles below. We cover many different aspects of DUI/DWI penalties across the nation.
- Child Custody Laws & DUI
- Drug and Alcohol Evaluation
- DUI Community Service
- DUI Habitual Violator Penalty for Driving
- DUI Immigration Law
- DUI Insurance
- DUI Probation
- DUI School
- Is DUI Incarceration the Same as Jail Time?
- Multiple DUIs
- First DUI Penalties | Jail, Fines, DUI Class, Suspended License
- Second DUI Penalties
- 3rd DUI Offense
- DUI Driver’s License Loss
- Administrative License Suspension (ALS)
- Administrative License Revocation (ALR)
- What Happens if I Get Caught Driving With a Suspended License?
- When Can I Get My License Back After a DUI Arrest?
- Ignition Interlock Devices (IIDs)