Can a DUI Be Used Against You in a Divorce or Custody Case?
Charges of driving under the influence (DUI) or driving while intoxicated (DWI) are usually thought of as criminal matters that are handled only in traffic or criminal courts. In reality, the effects of a drunk driving charge can extend far beyond fines, a license suspension, and other related penalties. When a person is involved in divorce or child custody proceedings, a DUI may become relevant in family court as well. The way these issues intersect will depend on the facts of a case and whether children’s safety or a couple’s marital finances may be affected.
Why DUI Charges Can Matter in Family Law Cases
Family courts will often focus on finding fair and equitable solutions as couples take steps to end their marriages, and they will also take steps to protect the well-being of children who are involved in family law cases. When a DUI charge suggests that a person may exhibit impaired judgment, risky behavior, or substance abuse, it may raise questions that could be relevant in a divorce or child custody case. A single incident may not automatically determine the outcome of a case, but it can become part of a broader picture that the court will consider.
Concerns are often heightened when a DUI involves aggravating circumstances, such as repeat offenses, extremely high alcohol levels, or conduct that placed others at risk. These details may influence how the court views a person’s decision-making and reliability.
DUI With a Child in the Vehicle
If a person is accused of driving under the influence with a child in the car, they may face more serious DUI charges, and the potential penalties may increase. This type of offense may also lead to concerns about child welfare. Allegations that a person has put a child at risk can directly affect decisions about child custody and parenting time.
Family courts may view a person’s behavior as evidence that they have failed to prioritize their child’s safety. Even if the criminal case is still pending, the mere allegation that a person had a child in their vehicle when driving under the influence of alcohol or drugs may lead a court to put temporary orders in place that are designed to protect the child’s safety.
Allegations of Endangering Children
Even when a child was not present during an alleged DUI offense, other behaviors associated with substance use can raise red flags. For example, repeated drunk driving arrests, arrests involving drugs, or a pattern of intoxication around children may lead to concerns about children’s safety while they are under the supervision of a parent. Courts may consider whether a DUI charge reflects an ongoing problem or a single, isolated lapse in judgment. Evidence that a person has received treatment or counseling or made lifestyle changes may also be relevant when assessing the level of risk to children.
How DUI Charges Can Affect Divorce Proceedings
Under state laws, a divorce can typically be granted without the need to prove wrongdoing by either spouse. On its own, a DUI charge generally will not determine whether a divorce will be granted. However, the circumstances surrounding a DUI offense may still influence certain aspects of a divorce.
Claims of Wasting Marital Assets
In some cases, a spouse may be accused of wasting money or other assets due to alcohol or drug abuse. If significant marital funds were spent on alcohol, drugs, treatment programs, legal fees, or fines related to repeated DUI offenses, the other spouse may argue that this behavior depleted the couple’s shared resources.
If money or other resources were used for purposes unrelated to a couple’s marriage after the couple’s relationship had begun to break down, this may be considered asset dissipation. Courts may take claims of asset dissipation into account when dividing property, particularly if spending is substantial and ongoing rather than limited to a single incident.
Substance Abuse and Domestic Violence
Alcohol or drug use associated with a DUI may also be linked to allegations of domestic abuse. In some cases, intoxication may be cited as a factor in arguments, threats, or physical confrontations between spouses. While a DUI will not automatically lead to accusations of domestic violence, it may be seen as part of a pattern of behavior that put the other spouse or a couple’s children at risk. DUI charges and related allegations may influence decisions about protective orders, exclusive use of the marital home, or temporary arrangements during the divorce.
How DUI Charges May Impact Child Custody Decisions
Child custody decisions are guided by what the court believes is in the best interests of the child. A DUI can be relevant to this analysis, particularly if it raises questions about a parent’s ability to provide a safe environment and focus on protecting the child’s safety and well-being.
Custody and Parenting Time Restrictions
Depending on the circumstances, a parent facing DUI charges may encounter temporary or long-term restrictions on the parenting time they have with their child. These restrictions may include supervised visitation, limits on overnight parenting time, or requirements that the parent abstain from alcohol or drug use while caring for the child. In some cases, the court may order a parent to submit to alcohol testing or participate in substance abuse treatment as a condition of maintaining or expanding their parenting time.
License Suspension and Transportation Challenges
Another practical issue that can affect child custody cases involves the loss of driving privileges. A DUI conviction can lead to license suspension or revocation, which can complicate a parent’s ability to transport children to school, medical appointments, or extracurricular activities. Family courts may consider how transportation limitations could affect daily parenting responsibilities. An inability to drive may influence scheduling decisions, or adjustments may be made to a couple’s parenting plan until a parent’s license is restored.
Temporary Orders While Criminal Charges Are Pending
In some cases, family court proceedings may overlap with a DUI case. During this period, a family court judge may issue temporary orders designed to protect the safety and well-being of children and maintain stability until more information is available. These orders are not final judgments, but they can shape how a divorce or child custody case will develop. The outcome of the criminal case may influence the final decisions made in family court. A DUI conviction or a documented pattern of dangerous behavior may determine the final arrangements that will be put in place.
The Role of a Criminal Defense Attorney
A criminal defense lawyer can provide representation during a DUI case. By challenging the evidence, negotiating reduced charges, or seeking alternative sentencing options, an attorney may help to limit the penalties that could affect a person’s freedom, finances, and driving privileges.
Reducing or dismissing charges may also lessen the impact of DUI charges on divorce or custody proceedings. For example, avoiding a conviction or minimizing license restrictions can help a parent maintain stability and demonstrate accountability. A lawyer may also advise a client on how their actions during the criminal case, such as compliance with court orders or participation in treatment programs, could affect family court proceedings.
Coordinating Criminal and Family Law Issues
While criminal defense attorneys and family law attorneys serve different roles, their work may intersect in situations where a person has been charged with DUI. Decisions made in one case can influence the other. By demonstrating responsible behavior and addressing underlying issues such as substance use and safety concerns that may affect children, a person may be able to achieve a successful outcome to both their criminal case and matters involving divorce or child custody.
