Will a DUI Charge Impact My Custody Rights?

By San Diego Attorney on August 19, 2021

Child custody can be one of the most contentious issues in a divorce or relationship breakup. In many cases, the court will make the decision regarding child custody. When custody is shared, and you have been arrested and charged with DUI, questions regarding parenting could be exploited by the lawyer representing the other parent.

If it is alleged that you were driving while over the limit with a child in the vehicle, you can expect it to have a big impact on how the court decides. If you are facing charges for DUI or DUI and child endangerment, your first and most critical step is to retain a DUI defense lawyer with a record of success. When custody of your children could be affected by the outcome of a DUI charge, the case must be handled with ultimate skill at every phase of the process.

A first-time DUI misdemeanor charge may not be enough to cause a judge to consider you a danger to your child. However, a series of DUI convictions could be a problem. All decisions made by the court are based on what is considered to be in the best interests of the child, and a parent who has a string of DUI convictions could appear to be less qualified to parent a child, even if the convictions were in the past.

Arrested and Charged with DUI and Concerned About Child Custody?

If you have been pulled over, tested, and charged with DUI while involved in a custody matter, the quality and experience of your attorney are of utmost importance. The outcome of your case could affect how much time you spend with your child and whether you are considered to be a danger to their health and wellbeing – particularly if the child was in the vehicle or you have had a series of DUI convictions over the years. At jD Law Criminal Defense Attorneys, we are committed to fighting for the rights of parents who are at risk due to DUI charges and will go above and beyond to seek any defense option that could be effective, including:

• You were not driving in a negligent manner, and the police stop was unconstitutional (no probable cause).
• The testing was administered incorrectly.
• You have a health condition that impacted the reading on the DUI testing device.
• The testing device itself was faulty.
• The testing device had not been properly calibrated or maintained as required.
• The chain of custody of the evidence against you was faulty.

In many cases, with a full investigation into the facts, the charges will be dropped. This would be the best possible outcome when the case could lead to a problem with child custody. The only way to determine the best approach in defending your case is a full review of the facts. We offer a free initial case evaluation, and we provide professional DUI defense in both English and Spanish.

When You Need a Lawyer – Custody Disputes and DUI Charges

There is no more important time to ensure you are represented by a talented, experienced San Diego DUI defense lawyer than when child custody could be affected by the outcome. At jD Law Criminal Defense Attorneys, our founder, attorney James N. Dicks, is a former LAPD investigator and one of the few criminal attorneys who is a Certified Criminal Law Specialist. When you need help from a defense lawyer you can trust to go the distance for you, reach out to us immediately after your arrest.

Contact jD Law Criminal Defense Attorneys at once at (760) 630-2000 if you are involved in a custody dispute and were arrested for DUI.