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How a DUI Affects Divorce Proceedings

Posted by Mattis Law, A.P.C. on August 5, 2022 in Divorce

A DUI (driving under the influence) conviction can have serious consequences for you, including jail time, loss of driving privileges, and fines. However, you may be surprised to know that it may also affect your divorce proceedings.

A DUI conviction can have a negative impact on divorce proceedings. This includes the division of property and the possibility of parental rights being taken away. It is best to consult with an attorney when faced with these issues so you can understand how best to proceed through your divorce proceedings.

If you or your spouse were arrested for DUI, or if the DUI charge may appear in court documents related to your divorce, you may want to discuss this with an experienced attorney at Mattis Law, A.P.C., at (858) 328-4400.

What Qualifies as a DUI in the State and How Does It Affect Your Driving Record?

DUI stands for Driving Under the Influence. It is a criminal offense in California. The important thing to understand about DUI penalties is that they vary based on your blood alcohol concentration level at the time of arrest.

In California, it can be charged as either a misdemeanor or felony, depending on the circumstances and what kind of previous offenses you may have had. While having a DUI on your driving record does not technically prevent you from getting a driver’s license, the courts can use it to revoke your driving privileges, which may make it more difficult to get insurance rates.

Likelihood of Your DUI Impacting the Divorce Process and Possible Outcomes

In divorce proceedings, couples are required to divide their assets into as equal shares as feasible. This means the DUI-spouse may have fewer financial options to fight a DUI prosecution.

When a spouse charged with DUI is compelled to employ a lawyer and pay court costs and fines if found guilty, the financial strain becomes even greater. It is crucial to consult a lawyer since situations like this could have a significant negative impact on the non-DUI spouse.

Furthermore, DUI penalties could potentially be applied to circumstances that are not even related to a DUI. For example, if an individual is involved in a custody dispute of any kind, and they have been previously convicted of drunk driving, this information will also be used by the other side’s attorney as an argument against their custody request.

The connection between the child and the DUI spouse could be significantly impacted by a change in custody. If the DUI spouse loses custody, they might not be able to decide what is best for the child’s welfare, including decisions about education and medical care.

How Can a Lawyer Help You?

A “regular” divorce is already complicated enough, so it can be overwhelming if there are other elements adding to the complexity of the situation, such as a DUI.

You can trust that the skilled attorneys at Mattis Law, A.P.C. will provide you with individualized attention in response to your legal circumstances. Call us today at (858) 328-4400.

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