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DWI charges can impact child custody and visitation agreements

On Behalf of | Oct 6, 2024 | DUI

Driving while intoxicated (DWI) charges can be an embarrassing hurdle for an adult to overcome. They may feel self-conscious during the arrest and while waiting for trial. Quite a few people plead guilty because they want to avoid the potential exposure that comes from fighting charges in criminal court.

However, pleading guilty is often not the best solution. Even if the driver facing DWI charges has no prior record and therefore faces the least-serious penalties possible, a guilty plea could put them in a very precarious position in the future. If they divorce a spouse or separate from an unmarried romantic partner, a DWI conviction could potentially affect their custody or visitation rights.

Losing a license is a hardship

It is standard practice for the courts to suspend the driver’s license of anyone convicted of a DWI offense. A first conviction might lead to a 90-day suspension, and even that could affect a parent’s ability to take care of their children.

Parents generally need to be able to get their children to and from school and to transport them for medical care in an emergency. Losing driving privileges could affect custody because the courts may agree that a parent cannot meet the essential needs of their children.

The courts may worry about child endangerment

A DWI conviction can have major implications for custody arrangements and visitation even after a parent regains their license in certain scenarios. Both repeat offenses and arrests that occur when there are minors in the vehicle could influence a judge to limit a parent’s time with their children.

The concern may be that they decide to drive while drunk with the children in the car. Crashes are one of the leading causes of death among children and teenagers, and drunk driving is one of the top causes of fatal collisions. Family law judges may worry that a parent who has a history of repeatedly driving after drinking or transporting their children while impaired could endanger their children with tragic consequences.

Fighting pending DWI charges is often the best strategy for parents hoping to protect their parental rights. Depending on the circumstances that led to an arrest, there could be several different strategies that can work. Parents who avoid DWI convictions may be able to secure (or maintain) reasonable custody arrangements.