Divorce Settlements and DUI/OVI Charges
Every divorce proceeding is different; therefore, how a DUI/OVI charge will affect your divorce settlement depends on your circumstances. If you do not have children and your divorce is amicable, being charged with drunk driving or driving while impaired may not have a negative impact on your divorce proceedings. However, if you are in a custody battle, a criminal charge can certainly affect your custody battle.
Some child advocates believe that a parent who is convicted of drunk driving or driving while impaired should not be granted custody. They argue that the children will be in danger due to the reckless behavior of the parent. While a judge always seeks to do what is in the best interest of the child after considering all factors, your spouse could definitely use a DUI/OVI charge to argue that giving you custody is not in the best interest of the child. Your spouse could try to use subsequent DUI/OVI charges or convictions as evidenced of an addiction.
Even if you are not seeking custody of your child, a DUI/OVI conviction can seriously affect your visitation and parenting time. The judge could include a stipulation that your child is not permitted to ride in a vehicle you are driving. This could make it very difficult for you to exercise your visitation rights. Your parenting time could be reduced if your DUI/OVI conviction makes it difficult, time-consuming, and costly to transport your child to and from visitation. A judge may not suspend your parental rights for a conviction of driving while intoxicated; however, it does give your spouse more ammunition to use against you in a custody battle.
If you have been charged with driving while intoxicated or impaired driving, you need to seek the advice of an attorney immediately. This could affect divorce and custody negotiations. The best course of action is to fight the DUI/OVI charge aggressively in an attempt to have the charge dismissed. The second course of action would be to begin taking action to mitigate the damage the charge may have on your divorce and custody proceedings.
Experienced DUI/OVI and Domestic Relations Attorneys
Being arrested for drunk driving in Ohio can be a frightening experience. Not knowing what the consequences will be if you are convicted of a DUI/OVI charge often makes the matter worse. An attorney with experience defending drunk driving or driving while impaired charges in Ohio can help you mitigate the potential negative consequences.
Penalties for a conviction may include fines, jail time, community service, and vehicle impoundment or forfeiture. However, if you are going through a divorce and/or custody battle, the consequences of a DUI/OVI charge could be even greater.
If you are charged with a DUI/OVI or you are contemplating a divorce, our attorneys have extensive experience in both areas of law. We understand how to mitigate the damage of a conviction in a divorce proceeding because we understand both areas of law.
Contact our office to schedule a consultation to discuss how our attorneys can help you avoid problems in your divorce case because of a current or previous DUI/OVI charge.
