Can a DUI Conviction Affect Child Custody?

If you were recently arrested for DUI and child custody is an issue, you may be wondering if a DUI conviction could have an impact on child custody, and understandably so!

Are you worried that if your children’s other parent learns of your DUI, that they will use this as an opportunity to gain custody? Unfortunately, a DUI conviction can have a bearing on child custody proceedings but it all depends on the facts of the case.

Why a DUI Could Pose a Problem

In theory, each child custody case boils down to the best interests of the children. Because good moral character is relevant to this determination, anyone with a criminal conviction may find a DUI a major factor in any subsequent child custody proceeding.

The court will consider the following factors:

• The criminal history of both parents
• The nature of the criminal offense
• Your blood alcohol concentration (BAC) at the time of arrest
• If your child was in the vehicle with you
• The age of the DUI conviction
• If there were other aggravating factors (e.g. if someone was hurt or killed)
• If you have multiple criminal convictions

Even though a DUI conviction is not a crime of violence, any drug or alcohol-related conviction can impact a child custody case. This is because family law judges view driving under the influence as reckless behavior that endangers minor children.

If the DUI conviction is old, you can present evidence proving that it was an isolated event. The judge’s focus will then shift on present day circumstances. In contrast, a recent DUI conviction shows poor judgment or dangerous behavior and will be more difficult to overcome in a child custody proceeding.

If you are sentenced to jail, especially for a second or subsequent DUI offense, the court will be concerned over how a sentence will create a stability issue for your children.

Generally, the family courts don’t like it when a child has to bounce around from relative to relative while you’re in jail. If your child’s other parent can establish that they can provide a stable environment, then your ex has a better chance of gaining full custody.

If the custody battle is close, a DUI conviction can be the final factor that tips the scales in your ex’s favor.

If you are facing DUI charges in Miami and are concerned about how a DUI conviction would impact your child custody case, contact me, Jonathan Blecher to work with a former prosecutor with over 30 years of experience!

Can I Represent Myself?

If you have ever been arrested on criminal charges, such as a DUI, you should recognize the line in the Miranda Rights that states that “if you cannot afford an attorney, one will be appointed to you.” Even if you have never been in handcuffs, you’ve probably heard a movie or television character say this exact phrase. But why is it so popular? Why do we all have a right to a lawyer? Can’t you just skip all that and represent yourself in the court of law? Does a man who represents himself have a fool for a client?

The short answer is: Maybe. Just as you have every right to a state-appointed attorney, if you qualify financially, you also have the right to act as your own lawyer. For small civil disputes that don’t involve thousands of dollars, seeing a professional attorney may not be required. But, when you begin considering all the details and pitfalls of a criminal case, the answer becomes much less straightforward.

Representing Yourself Can Be Extremely Difficult

In a criminal case, there is so much at stake, it doesn’t really make sense to go it alone. An experienced criminal defense attorney will be able to analyze your case, gather evidence, and begin to deconstruct the prosecution’s claims with much greater success than the Average Joe. Not to mention they will be able to do it much faster. Sometimes you lose track of time and the court date is only a few weeks away – without an attorney, you could be sunk.

Even if you are 100% confident in your innocence, and even if you feel you are charismatic enough to present a strong case in your defense, you should retain a criminal defense lawyer. If nothing else, brainstorming and reviewing evidence with someone who has dedicated their lives to litigation can be the grain of sand that tips the scales in your favor.

Lastly – paperwork. There’s going to be a lot of it, and it will vary depending on the court you’re dealing with. Simply filing a lawsuit or receiving a sentence requires attention to detail and proper procedures that can be a real headache if you lack familiarity with them.

In summation, yes, you can represent yourself in court but it is not highly recommended. If you have been arrested for a DUI, contact me, Attorney Jonathan Blecher, to be your Miami criminal defense attorney. With my help, you can take the guesswork out of your case and step into court with confidence.

Will a DUI Stop Me From Getting a Passport?

When people are arrested for DUI, they know that a conviction can easily mean upwards of $1,000 in fines, community service, imprisonment for up to 9 months, and up to a year license revocation – and that’s all just for a first offense.

With Florida’s harsh DUI penalties, it’s not surprising why someone who wishes to travel outside of the U.S. for work or pleasure might worry how a DUI might affect their ability to get a passport.

Will a conviction for DUImake it so you can’t get a U.S. passport? Typically, a person’s passport privileges are not automatically revoked once someone is convicted of driving under the influence, even if they were convicted of a felony DUI.

While most people won’t be denied a passport because of a DUI conviction, it doesn’t mean that a DUI can’t technically block someone from getting a passport. For instance, it is possible for someone to be forbidden from getting a passport in the following circumstances:

• The defendant is considered to be a flight risk.
• They defendant is facing a felony-related subpoena.
• As a condition of probation or parole.

In the above scenarios, the court can revoke a defendant’s passport privileges, but this is more the exception than the rule.

You Could Face Restrictions When Travelling

The majority of DUI defendants don’t have any problems applying for a passport, however, they can face restrictions when travelling to certain countries. For example, Canada maintains the right to deny entry to noncitizens who have any criminal record, even for a simple DUI.

Even if you are able to obtain a U.S. passport, as long as you have a DUI conviction on your record, Canada may not let you in to the country; Mexico may not let you in either.

If you are convicted of a felony DUI, and you want to travel to Canada or Mexico via ship, you won’t be allowed to get off the boat. In effect, getting a U.S. passport may be easy, but you may not be let in to certain countries.

Contact my firm to fight your DUI charges, or if you have further questions about travelling outside of the U.S. with a DUI. 

Will a DUI Affect My Credit Score?

While a DUI conviction isn’t directly reported on your credit report, it can certainly have indirect consequences which could cause your credit score to plummet.

If you have been diligent about maintaining a good to excellent credit score, you may want to consider the following factors before doing anything that could unintentionally impact your FICO score.

Paying for Your DUI

At first glance, a DUI and your credit may seem unrelated, but they can be connected in more ways than one. For instance, the fact that most DUI-related costs can be put on a credit card is one reason why a DUI can cause credit scores to tank.

Essentially, if you don’t have the cash on hand to pay for all of the court and insurance-related costs of a DUI, you can be headed for trouble.

DUI costs may include:

• Between $500 and $4,000 in fines
• Fees in place of community service ($10 per hour)
• Vehicle impoundment fees
• Ignition Interlock Device (IID) fees
• DUI school fees
• Restitution for property damage
• Increased insurance premiums
• Civil judgements against DUI defendant

If you are convicted of DUI, not only do you face court-ordered fines among a host of other mandatory fees, you’ll face skyrocketing insurance premiums – all of these expenses add up and affect your bottom line.

Your auto insurance rates could double or triple, and if your credit takes a hit because you can’t afford to pay all of your bills and DUI-related costs, your auto insurance can increase even more since insurance companies factor in a driver’s credit rating when setting rates.

How a DUI Can Impact Credit

If you’re convicted of DUI and you can afford to cover all of the costs, fortunately a conviction shouldn’t affect your credit score. For those who can’t afford a conviction, their credit score can be affected because:

• Putting thousands of dollars on credit cards to pay all of the DUI-related costs increases a person’s credit utilization ratio – impacting credit scores.
• Unpaid fines are sent to collections, and reported for seven years.
• Judgements affect credit scores.

If you can afford to pay all of the DUI-related costs, a conviction still shows up on a criminal background check. Meaning, a DUI conviction can block you from getting that enticing job you want, or it can result in being passed up for a job promotion when another candidate has a spotless record.

To fight your DUI charges, work with a former prosecutor and proven Miami DUI defense lawyer; call AttorneyJonathan Blecher to schedule a free consultation!