A DUII conviction has many consequences, including potential jail time, fines, driver’s license suspension, and more. However, many wonder if it can affect other aspects of their lives, such as their child custody rights.
Will I Lose Custody if I Get a DUII?
In most cases, one standard DUII arrest or conviction will not result in your custody rights being taken away. However, your child’s other parent may attempt to use your DUII to show the courts that you are a risk for the children. Still, it is unlikely that your one-time DUII will result in a loss of custody or visitation.
Aggravating Factors
Your chances of child custody being affected by your DUII can increase based on certain factors. First, the courts will consider if you are a repeat offender. If the courts see that you have a record of DUII arrests and convictions, this may make them more likely to award the other parent primary or sole custody.
The circumstance that will most likely result in consequences to your child custody rights would be if your child or children are in the car at the time of your DUII arrest. If this occurs, the courts will see that your children were put in harm's way, and you will likely lose custody and potentially visitation, at least temporarily.
DUII During a Pending Case
If you are currently going through a divorce and your child custody arrangements have not been finalized, a DUII arrest and conviction can be factored into the judge’s final decision. It is always best to refrain from any behavior that could lead to legal trouble while you have a pending family law case, as it can cause further complications.
DUII Defense in Oregon
A DUII conviction can affect numerous aspects of your life, and our team of attorneys at Baxter Law, LLC wants to ensure it does not harm your relationship with your children. Our firm has experience handling both criminal and family law cases, and we are here to provide the legal assistance you need. Contact us today to discuss your recent arrest with our team.