How a DUI Charge Affects Your Child Custody Case in Illinois: The Role of DUI Defense

If you’ve been arrested for a DUI in Waukegan, Illinois, and are involved in a child custody dispute, the stakes are even higher. A DUI conviction has criminal consequences, including fines, license suspension, and even jail time. However, the effects of a DUI go beyond the criminal court—it can also impact your child custody case in family court. If you’re a parent facing DUI charges, understanding how your case could influence your rights to custody or visitation is crucial.

As a seasoned criminal defense lawyer in Waukegan, Illinois, with decades of experience, I understand how a DUI conviction can affect your life, especially when it comes to your relationship with your children. This article will break down the DUI criminal defense process, discuss the potential impacts of a DUI conviction on child custody, and explain how having an experienced attorney can make all the difference in both criminal and family law cases.

DUI Criminal Defense in Illinois: What You Are Up Against

In Illinois, DUI (Driving Under the Influence) is a serious offense. Under 625 ILCS 5/11-501, you can be charged with DUI if you are found driving with a blood alcohol concentration (BAC) of 0.08% or more, or if you are impaired by drugs (whether prescription, over-the-counter, or illegal substances). DUI laws also cover drug-related offenses under the same statute, which includes marijuana and other controlled substances.

A DUI charge, regardless of whether it’s your first or subsequent offense, is considered a criminal charge and carries serious penalties. If convicted, the penalties for a DUI conviction can vary depending on several factors, including whether it’s your first offense, if there are aggravating factors (such as a child passenger), and whether you had a high BAC.

For a first offense, penalties can include:

Fines
License suspension
Mandatory DUI education classes
Community service

For subsequent offenses or aggravating factors (such as a child being in the vehicle or an accident occurring), penalties may increase significantly. These may include:

Longer license suspension periods
Larger fines
Mandatory alcohol treatment programs
Possible jail time

DUI and the Impact on Child Custody

In Illinois, family courts operate under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), which prioritizes the best interests of the child when determining custody and visitation arrangements. While a DUI charge is a criminal matter, family courts consider criminal charges and convictions when evaluating a parent’s fitness for custody.

A DUI charge can impact your child custody case, even if the charge does not directly involve your children. For example, if your DUI arrest was tied to reckless driving or drug use, the court may question your ability to make sound decisions, which is a crucial factor in custody arrangements.

Factors the court will evaluate include:

The safety of the child: If the DUI charge involved having a child passenger in the vehicle, this will be taken seriously by the court. Driving under the influence with a child in the car can be seen as neglectful or dangerous behavior, which could impact the custody decision.
Substance abuse concerns: If the DUI charge involves alcohol or drugs, the court will likely take a closer look at whether you have any substance abuse issues. A pattern of driving while intoxicated or using illegal drugs may be used to argue that you are not fit to care for your child. In such cases, the court may require that you undergo substance abuse counseling or other evaluations before granting full custody or unsupervised visitation.
Behavior and decision-making: DUI convictions can signal to the court that you have poor judgment or engage in risky behavior. The court’s primary concern is the welfare of your child, so any criminal behavior, such as DUI charges, could raise concerns about your parenting capacity.

The DUI Defense Process in Illinois: Defending Your Rights

When facing DUI charges, it is essential to have a criminal defense attorney with experience in defending DUI cases. The criminal defense process in Illinois typically follows these steps:

Initial Arrest and Bond Hearing: After your arrest, you’ll go through a bond hearing to determine whether you’ll be held in custody or released on bond. A defense attorney can help you understand the bond conditions and ensure you’re not unfairly penalized at this early stage.
Pretrial Motions and Discovery: Your attorney will review all evidence the prosecution plans to use, such as breathalyzer results, police reports, and dashcam footage. At this stage, a skilled defense attorney can file pretrial motions, such as a motion to suppress evidence if your rights were violated during the arrest or search.
Negotiation and Plea Bargains: In many cases, your attorney may negotiate with the prosecution for reduced charges, lesser penalties, or alternative sentencing, such as diversion programs or probation instead of jail time.
Trial: If the case goes to trial, the defense will challenge the evidence presented by the prosecution. In DUI cases, the defense may argue issues like improper procedures during the traffic stop, faulty breathalyzer results, or violations of your rights during the arrest.
Post-Conviction: If you are convicted, there may still be opportunities for post-conviction relief, such as filing an appeal or requesting a reduced sentence.

Legal Defenses to DUI Charges and Their Impact on Custody

In DUI cases, a number of defenses may be available, including:

Unlawful Search and Seizure: If law enforcement did not have probable cause for the traffic stop or did not properly administer sobriety tests, your attorney may be able to suppress evidence and challenge the DUI charge.
Questionable Field Sobriety Tests: Field sobriety tests are subjective and open to interpretation. If they were not conducted properly, or if there were external factors affecting your performance (such as health issues), this could be used to argue that the DUI charge is flawed.
Inaccurate Breathalyzer Results: Breathalyzer machines are not always calibrated correctly, and operator error can lead to inaccurate BAC readings. Your attorney will review the testing procedures to ensure that the results are valid.
Lack of Evidence or Control: In some cases, the prosecution may struggle to prove that you were in control of the vehicle or that you were knowingly intoxicated. A skilled DUI defense lawyer can exploit weaknesses in the prosecution’s case.

While these defenses can have a direct impact on the DUI criminal case, they can also influence the family court’s decision in custody matters. If the DUI charge is dropped or reduced, it may ease concerns about your fitness as a parent.

Why You Need a DUI Defense Lawyer

A DUI charge can have significant consequences, both criminally and in terms of family law. Having an experienced criminal defense lawyer is essential to protecting your rights, your freedom, and your parental relationship. A skilled attorney will help you challenge the charges, minimize penalties, and protect your chances in the child custody process.

Without an attorney, you risk facing harsher penalties, including jail time, and potentially losing custody or visitation with your child. A criminal defense attorney can guide you through the entire process, from pretrial motions to post-conviction relief, ensuring that you make informed decisions that support both your criminal case and your family situation.

FAQs: DUI and Child Custody in Illinois

Can a DUI charge result in the loss of custody of my child in Illinois?

Yes, a DUI charge can impact your custody case, especially if the offense involved driving with a child in the vehicle. If the court believes the DUI represents a pattern of irresponsible behavior or substance abuse, it may limit your visitation or alter your custody arrangement.

How does a DUI conviction affect my chances of joint custody?

A DUI conviction can complicate the likelihood of joint custody, particularly if it involves alcohol or substance abuse issues. However, it does not automatically disqualify you from joint custody. Demonstrating your commitment to rehabilitation can help in custody hearings.

Can I lose custody if I am convicted of DUI but have no history of substance abuse?

While a single DUI offense may not result in the loss of custody, it could still influence the court’s decision, especially if the offense reflects poor decision-making. If the court is concerned about your ability to provide a safe environment, it may impose restrictions or require supervised visitation.

Protect Your Rights with The Law Offices of David L. Freidberg

If you are facing a DUI charge in Waukegan or surrounding areas and are concerned about its impact on your child custody case, you need an experienced attorney to defend your rights. At The Law Offices of David L. Freidberg, we have decades of experience handling DUI cases and navigating family law matters. We are committed to helping you achieve the best possible outcome in both criminal and custody proceedings.

Call The Law Offices of David L. Freidberg if You Were Arrested For DUI

If you’ve been detained during a DUI stop in Chicago or the surrounding areas, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Cook County, DuPage County, Will County, and Lake County. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County.

If you were stopped for DUI in Illinois, call the Law Offices of David L. Freidberg. We’ve successfully challenged countless illegal traffic stops and helped clients avoid DUI convictions.