Can a DUI Lead to Losing Custody of Your Child?
When most people think about DUI penalties, they focus on the immediate consequences: jail time, fines, license suspension, and increased insurance rates. However, there’s a devastating consequence that many parents don’t consider until it’s too late—the loss of custody of their children. A DUI conviction, especially one involving a child passenger, can trigger dependency proceedings that may result in losing your parental rights forever.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
The Hidden Consequences of DUI: Beyond Criminal Penalties
While criminal DUI penalties are serious, the collateral consequences can be life-altering. Here’s what you’re really facing when charged with DUI:
Criminal Penalties:
- Jail time (ranging from days to years depending on circumstances)
- Heavy fines and court costs
- License suspension or revocation
- Mandatory alcohol education programs
- Installation of ignition interlock devices
- Probation supervision
- Community service requirements
Civil and Administrative Consequences:
- Increased insurance premiums or policy cancellation
- Employment consequences and professional license issues
- Immigration consequences for non-citizens
- Loss of driving privileges affecting work and daily life
Familial Consequences:
- Loss of child custody or visitation rights
- Dependency court proceedings
- Supervised visitation requirements
- Mandatory parenting classes and substance abuse treatment
- Potential termination of parental rights
When DUI Becomes a Child Welfare Issue
Driving under the influence with a child in the vehicle transforms a criminal matter into a child welfare crisis. Child Protective Services agencies across the country treat this situation as severe physical abuse or neglect, triggering automatic investigations and potentially removing children from their homes. The legal reasoning is when a parent chooses to drive intoxicated with their child as a passenger, they’re placing that child in immediate physical danger.
How Dependency Court Works
Child dependency proceedings operate separately from criminal court, meaning you’ll face two separate legal battles simultaneously. In dependency court:
Lower Burden of Proof: Unlike criminal court’s “beyond a reasonable doubt” standard, dependency court uses “preponderance of the evidence”—meaning it’s more likely than not that abuse or neglect occurred
Child’s Best Interest Standard: All decisions focus on what’s best for the child, not what’s fair to the parent
Immediate Action: Courts can remove children from homes immediately and ask questions later
Long-term Consequences: Even if you resolve your criminal case successfully, dependency court can still terminate your parental rights
Real World Example
A recent appellate court decision illustrates just how devastating these consequences can be. In this case, a mother drove while intoxicated with her one-year-old daughter in the car. While speeding around a curve, she crashed into a utility pole, causing severe injuries to her child.
The child suffered a traumatic brain injury requiring emergency surgery to resolve brain bleeding. While a witness called 911, the mother asked the witness to hang up and not report the accident to authorities—showing a clear attempt to avoid responsibility and conceal the incident.
San Bernardino County Children and Family Services immediately filed a petition alleging the child needed dependency protection. The court determined that the mother’s decision to drive while intoxicated constituted severe physical abuse because her actions directly caused the accident that resulted in the child’s injuries. Despite the mother’s cooperation with court-ordered services and her progress in recovery, the court awarded sole custody to the father and limited the mother to supervised visitation only.
When the mother appealed this decision, the appellate court affirmed the ruling. The court emphasized that regardless of the mother’s recovery efforts, her choice to drive intoxicated and then attempt to conceal the accident demonstrated such poor judgment that substantial evidence supported removing custody. The severity of the child’s brain injury and the gravity of the situation meant the court’s jurisdictional and custody determinations were appropriate.
This case demonstrates that even when parents make efforts to rehabilitate themselves, the consequences of driving under the influence with a child can be permanent and life-altering.
The Intersection of Criminal Defense and Dependency Law
When facing DUI charges involving a child passenger, you need legal representation that understands both criminal defense and child dependency law. These cases require a comprehensive strategy that addresses:
- Criminal Defense: Fighting the DUI charges, negotiating plea agreements, and minimizing criminal penalties
- Dependency Defense: Protecting your parental rights, advocating for family reunification, and ensuring proper legal procedures are followed
- Coordinated Strategy: Ensuring that decisions in one case don’t inadvertently harm your position in the other
Many criminal defense attorneys lack experience in dependency court, and many family law attorneys don’t handle criminal cases. This gap in representation can be devastating for parents facing both types of proceedings.
Why You Need Experienced Legal Representation
At Wallin & Klarich, we understand that DUI cases involving children require expertise in both criminal defense and child dependency law. Our comprehensive approach includes:
- Strategic Coordination: We ensure that our defense strategy protects your interests in both courts
- Family Preservation Focus: We work aggressively to keep families together while addressing legitimate safety concerns
Contact Wallin & Klarich Today
If you are facing DUI charges with potential child custody consequences, you need to contact an aggressive attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
