When you’re going through a divorce in New Hampshire, you probably feel as if every detail of your personal life is under the microscope — especially when it comes to child custody, parenting time, and even your financial agreements. If you’ve been arrested for or convicted of driving under the influence (DUI) in New Hampshire, you are right to wonder: Can this hurt my divorce case?
The answer is: it depends. While a single DUI isn’t always a deciding factor, it can be used against you in certain divorce proceedings — particularly when safety, judgment, or substance abuse is already in question.
In light of this, our team has created the following overview of what a DUI conviction could look like relative to your divorce.
Custody and Parenting Time: Where DUI Matters Most
In New Hampshire, child custody decisions are always made based on the best interests of the child. If a DUI is recent — or part of a larger pattern of alcohol misuse — it can raise serious concerns for the court about:
- Your ability to provide a safe, stable environment
- Whether alcohol abuse could pose a risk to the child
- Your decision-making and judgment as a parent
If your DUI occurred with a child in the car, or if it’s one of several alcohol-related incidents, you may be at risk of losing shared parenting time, or having it restricted (e.g., supervised visitation only). Courts may also require alcohol treatment or monitoring before restoring regular custody rights.
We recently did a deep dive into this topic and invite you to learn more about How a DUI Can Affect Child Custody Cases in New Hampshire.
Alimony and Financial Considerations
Though a DUI is less likely to directly impact alimony (known in NH as spousal support), there are situations where it might come into play:
- If you lost your job or had your income significantly reduced due to the DUI, it may affect how much alimony you’re able to pay (or receive).
- If marital assets were spent on fines, legal fees, or treatment related to the DUI, that could become a point of contention during asset division.
- If the DUI is tied to ongoing substance abuse, the court may consider this when determining financial responsibilities related to child or spousal support.
Property Division and Fault
New Hampshire is generally a no-fault divorce state, meaning marital misconduct (like infidelity or a DUI) doesn’t usually impact property division. However, in cases of fault-based divorce, a DUI could potentially be introduced as evidence of misconduct — particularly if it led to harm, financial waste, or danger to the spouse or children.
How to Protect Your Rights if You Have a DUI
If you’re facing a divorce and you’ve been arrested or convicted of DUI, here’s what you can do:
- Be honest with your attorney. Hiding a DUI will only make things worse.
- Complete any recommended or court-ordered treatment. Showing the court that you’re taking the situation seriously matters.
- Avoid repeat offenses. A second or third DUI can dramatically change the court’s view of your parenting abilities or stability.
- Keep records of your compliance with probation, classes, or community service.
When Your Spouse Has the DUI
On the flip side, if your spouse has a DUI — especially during or after your separation — it may provide a basis to seek modified custody, supervised visitation, or even sole decision-making rights if you can show that your child’s safety is at risk.
While a DUI doesn’t automatically mean you’ll lose custody or be punished financially, it can absolutely influence the court’s decision-making in a divorce — especially when children are involved. Every situation is different, and the impact of a DUI will depend on the details: when it happened, whether it was a one-time mistake or part of a larger issue, and what steps you’ve taken since.
If you’re navigating both a divorce and a DUI, it’s essential to work with attorneys who understand how these two areas of law overlap. That’s us!
At Bernstein & Mello, we specialize in both family law and DUI defense. Our team understands the complex ways these cases can intersect — and we’ll help you protect what matters most.Contact us any time!
