While drunk driving offenses happen frequently and may not be a felony in many cases, a DUI can have long-lasting effects when determining factors like parental visitation or child custody.
When a parent conducts an illegal activity that is considered “reckless,” such as drinking and driving, the court is responsible for determining your ability to properly care for your child.
The court also needs to establish a corrective course of action that maintains the best interests of the children.
After a DUI conviction, the court will consider several factors when determining any custody changes. If you have no prior history of alcohol or substance abuse, and your child was not in the vehicle at the time of your arrest, there’s less likelihood of the court imposing severe penalties.
However, if you have a history of alcohol or substance abuse or if the child was in the vehicle at the time of your arrest, the courts may issue more severe penalties, including sobriety monitoring, supervised parenting time or removal of custody. If you fail to comply with any of the court-mandated sobriety testing or monitoring, your supervised parenting time may be drastically reduced or suspended.