A driving under the influence conviction means that you were found guilty of operating a motor vehicle in California with an illegal blood alcohol content (BAC) level or any amount of intoxicating drug in your system. Although a DUI will not automatically take away your child custody rights as a parent, it will become part of the court’s decision-making process. The courts will determine if the DUI is a sign of larger issues that could risk your child’s safety, such as alcoholism, a substance abuse disorder, or a pattern of child neglect or endangerment.
It is more likely that a DUI will affect a child custody decision in Orange County if there are other issues surrounding the crime, such as:
If the child was in the car with the parent at the time of the DUI arrest.
If there were aggravating circumstances, such as a car accident or bodily injuries.
If there was a DUI hit-and-run accident.
If it was an extreme DUI, meaning an excessive BAC (over 0.15 percent).
If the parent received a DUI while driving on a suspended license.
If there is more than one DUI conviction or arrest on the parent’s record.
In these scenarios, the courts may decide that the parent’s criminal record jeopardizes his or her ability to take proper care of a child. This can result in the other parent securing sole custody or a greater portion of shared custody.