Michael A. Ferraro, Esq., P.C.

Could A DWI Affect Your Child Custody Case?

On Behalf of | Apr 19, 2023 | DWI defense |

When someone is arrested and charged with driving while intoxicated (DWI) for the first time, they tend to be primarily concerned with whether they’ll end up in jail as a result of the situation. This is a legitimate concern, but it isn’t the only one that someone should take the time to evaluate when deciding whether to plead guilty or fight back.

In the event of a conviction, a judge can insist upon jail time, fines, the installation of an ignition interlock device, the suspension of someone’s driver’s license, etc. In addition to these direct penalties, collateral consequences of a conviction could include the loss of a job, a tougher time securing housing due to a criminal record and even the risk of losing time with one’s child.

Especially if a DWI arrest involves a violation of Leandra’s Law, an offender’s co-parent could argue that their irresponsible behavior means that they shouldn’t be entrusted with their child’s well-being. Although it is rare for a first-time DWI offense to affect custody and parenting time rights, it is certainly possible. 

If you’ve already been arrested and charged with a DWI

The potential risk of complications concerning your child custody and/or parenting plan arrangements is only one reason why it’s important to connect with an experienced legal professional as soon as you’ve been accused of criminal wrongdoing. A DWI conviction can result in significant criminal penalties, a criminal record and a number of collateral consequences as well. 

Don’t allow either a mistake on your part or a mistake on the part of law enforcement to influence your life – and your child’s life – in any number of ways if you can possibly help it. Mounting an aggressive legal defense can help to ensure that the consequences you’ll face as a result of this situation can be avoided or mitigated, if at all possible.