DUI Conviction May Affect Child Custody
According to Flagstaff Police, fifty-nine-year-old Deborah A. Ogden was arrested on Tuesday for suspicion of extreme DUI. Ms. Ogden, according to Police, has four previous DUI convictions since 2004.
Police said Ms. Ogden was pulled over when Officers observed her driving erratically.
After Police stopped Ms. Ogden, Officers smelled alcohol inside Ms. Ogden’s vehicle.
According to Police, Ms. Ogden failed field sobriety tests and had a BAC of 0.211, more than twice the legal limit of .08.
Ms. Ogden was booked into the Coconino County Detention Facility.
A person convicted of DUI in Arizona may face severe penalties. Many of these penalties are common knowledge such as jail time, fines, license suspension and mandatory ignition interlock device.
However, what you may not know is that a DUI conviction may also affect your ability to gain custody of or visitation rights with your child.
Why Does a DUI Conviction Affect a Custody Decision?
A Judge deciding a custody matter will base his or her decision on the child’s best interest. If twelve months prior to filing for custody of your child you are convicted of DUI, under Arizona Revised Statute 25-403.04, there is a rebuttable presumption that it is not in your child’s best interest for the court to grant you sole or joint custody. The court may also limit the amount of time you may spend visiting with your child because of your drug or DUI conviction.
To rebut this presumption, you need to prove the following:
(1) Over the past five years, you have not had another drug conviction.
(2) In the last six months, you have not failed a court-ordered random drug test.
(3) Additional evidence to support a grant of custody in your favor.
Because the potential repercussions are so incredibly severe, if you have been arrested for DUI, it is important that you contact an experienced drunk driving attorney immediately.
The drunk driving lawyers at Oracle Law Group Office P.C. have over twenty-two years of experience representing good people charged with DUI. Contact the drunk driving lawyers at Oracle Law Group Office P.C. to see how we can help you with your DUI case.