You don’t need us to tell you that a DUI charge is always serious and we hope it stands to reason that the stakes increase big time when a child is in the car at the time of arrest.
Driving under the influence with a minor passenger in New Hampshire is considered an aggravating factor. Any aggravating factor can lead to enhanced criminal penalties and serious complications in current or future child custody proceedings.
Whether you’re going through a divorce, navigating a parenting plan, or trying to maintain joint custody, it’s important to understand how this specific type of DUI while driving with your child in NH can affect your divorce and family court standing.
Enhanced Criminal Penalties in New Hampshire
New Hampshire law treats DUI offenses involving children with increased severity. If you’re found guilty of driving under the influence with a passenger under the age of 16, you may face:
- Additional jail time (especially if it’s not your first offense)
- Higher fines
- Mandatory participation in an alcohol treatment program
- License suspension for a longer duration
Depending on the prosecutor involved, you may find yourself up against additional charges, like child endangerment, depending on the circumstances of the arrest, such as the driver’s blood alcohol content (BAC), driving behavior, and any prior record.
How this Impacts Child Custody Cases
When custody or visitation rights are in question, the court’s number-one priority is always the best interests of the child. A DUI with a child in the vehicle casts serious doubt on a parent’s judgment and ability to ensure their child’s safety. Trust us when we say, judges take that very seriously, which means your DUI affects your custody rights in NH.
In these cases, the court may:
- Restrict visitation to supervised settings only
- Temporarily suspend parenting time
- Revoke joint decision-making authority
- Order alcohol or parenting evaluations
- Require proof of rehabilitation before reinstating custody rights
If you’re currently in a custody battle or co-parenting under an existing agreement, a DUI involving your child could serve as a strong argument for the other parent to request a custody modification. Be advised: the court is likely to listen.
Long-Term Custody Repercussions
Even if you’re granted leniency in the short term, a DUI with a minor passenger may linger in your custody case long after the criminal sentence is complete. Family courts may take this incident as a pattern of poor judgment, especially if substance use has been a prior concern.
And if your co-parent or a guardian ad litem raises the issue during a hearing, it could be used to limit your parenting time, modify legal custody rights, or prevent relocation requests.
What to Do if You’ve Been Arrested
If you’re facing a DUI charge with a child in the car, it’s critical to act quickly:
- Retain legal counsel who understands both DUI defense and family law. That’s us!
- Comply with all court-ordered programs and evaluations.
- Avoid making statements or admissions to police or your co-parent that could be used against you in family court.
- Document your efforts to get help, especially if you voluntarily seek treatment.
Bottom line: The sooner you take responsibility and show the court you’re addressing the issue, the better your chance of preserving your parental rights.
On the other hand, what if you’re not the one at fault but you find yourself dealing with a co-parent convicted of DUI while your child was in their care.
What if Your Co-Parent Was the One Arrested?
If your child’s other parent is the one who received the DUI while your child was in the car, you may have grounds to:
- Petition for a temporary custody change
- Request supervised visitation
- Ask the court to order substance abuse screening or monitoring
In cases like these, it’s important to act quickly, always citing the child’s safety and emotional wellbeing at the center of your request.
Choose a Safer Route: Connect with Expert Counsel
A DUI is always a wake-up call, but when a child is involved, it becomes much more than a traffic offense. It really becomes a question of safety and parental fitness. Whether you’re the parent facing charges or the concerned co-parent, the consequences can have a lasting impact on your custody arrangement and your child’s future.
At Bernstein & Mello, we understand the high stakes of cases involving both DUI and family law. Our attorneys work collaboratively to help clients protect their legal rights, their reputations, and their families. Contact us today for confidential guidance and next steps.
