There are numerous criminal penalties possible after a driving while intoxicated (DWI) conviction in Missouri. The courts can send someone to jail and order them to pay large fines. A driver’s license suspension is also a standard penalty in many cases.
Additionally, every time the convicted party applies for a new job, rental housing or higher education opportunities, a background check may inform others of their prior drunk driving conviction. The lingering personal consequences of a DWI can be just as concerning as the penalties imposed by the courts.
Those with a prior DWI on their record may worry about it influencing many different aspects of their lives. For example, that may worry that a spouse could use a conviction as a weapon if they divorce. Is a DWI likely to play a role in someone’s divorce?
No-fault divorces are standard in Missouri
The good news for someone with the DWI on their record is that most Missouri divorces are no-fault cases. Either spouse can initiate divorce proceedings by claiming there has been a major breakdown of the marital relationship and that the couple is unlikely to recover from that breakdown.
The courts typically do not consider misconduct when deciding how to address divorce issues such as spousal maintenance and property division. For the most part, a DWI conviction is unlikely to play much of a role in the economic elements of a divorce.
In extreme cases involving lying about drinking habits and financial conduct, one spouse might potentially be able to convince the courts to factor in debts related to a DWI charge or amounts spent on alcohol abuse when dividing marital property.
Could a DWI affect custody?
Occasionally, a DWI conviction could influence how the courts handle contested custody cases. If one spouse got arrested for a DWI with their children in the vehicle, that history of unsafe behavior might influence custody proceedings.
Similarly, if someone is in state custody or does not have a driver’s license because of a DWI conviction, that may influence how a judge allocates parental rights and responsibilities. In most cases, an old DWI is unlikely to have much impact on custody terms. Judges want what is best for the children, and cutting them off from a parent because of one mistake probably isn’t in their best interests.
Reviewing the circumstances of a DWI conviction with a skilled legal team can help those preparing for divorce explore the potential impacts their criminal history may have on their divorce. For most people, a DWI is unlikely to have any significant influence on the outcome of a divorce.