Under the strict new laws in all states, now everyone is aware of the fact how DUI or DWI offenses can affect someone, especially when it comes to the sensitive responsibility of looking after children. The new laws are strict and put more importance on parental responsibility and so the custody lawyer will advise.
Parenting a child right is no easy job. A parent who is accused of driving under the influence when the child was in the car, can face further difficulties related to his or her child’s custody. Such a parent is considered a risky person for a child’s safety and well-being by the court.
Things are not easy even for a first-time offender. Social workers are likely to get involved in your life to monitor your further moves. They would probably examine your other court cases and the matter of your child’s custody.
Court involvement despite a child not being in the car
You can’t avoid court matters even though there wasn’t a child in your vehicle. It can lead to a family law court intervening. They can review the case and the event that happened. It puts a question on a parent’s liability anyways. The court questions if they had done the same before having their child in the car or they can do it in the future as well.
A social worker, appointed to the child custody examine a case details further by:
- Arranging an interview with you and your spouse.
- Talking separately with your children and with other family members in your house.
- They will thoroughly investigate the lifestyle of the accused parent.
- They will search the car and the house if there are drugs, alcohol, and other substance abuse. Empty bottles, cans of liquor, and credit card statements with liquor purchasing records will be served as evidence.
A social worker appointed by the court for a child custody case might search through cupboards, cabinets for bottles, and cans of liquor. They can visit your child’s school for further investigation where they can have a short session of interaction with the child. What the child says holds much importance, and the custody lawyer will take that into account too.
As kids usually are the truth speakers and they say what the reality is. Their honest statements can reveal much about their parent’s behavior and way of living. It has to do with their further upbringing and safety matters.
Battling a legal complication related to alcohol and drug abuse is not something easy to deal with. Matters related to drugs and alcohol are often treated as very difficult ones by the family law court. Having things under control takes much effort under such circumstances. The problematic pattern could relapse in the future at any point.
Read Also: When Should You Contact A Litigation Lawyer?
Getting charged for DUI can be viewed as valid proof to justify any earlier substance abuse allegation to be true. This will be considered a serious risk factor for the children. The court has the legal and moral liability to decide whom the children should live with. They are to serve the best judgment in favor of the child’s well-being.
Additional consequences that can happen upon the discussed offense include a further charge of child abuse. This can lead to an extra mandatory penalty for the guilty parent. Chances are high when the children are below the age of 15 years.
So, these are the consequences one has to face in the above matters. We tried to give a brief idea regarding it. We hope you find this piece of article informative. Keep visiting our site for more such updates.
So, irrespective of whether you have a custody lawyer or not, you should always keep in mind that DUI cases can have a massive backlash.
Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics.