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How a DUI Conviction Could Impact Your Parenting Case When a person is arrested on DUI charges, it is important to recognize the monumental way in which their lives can be altered in the event of a conviction. Not only will a conviction constitute a Class A Misdemeanor and come with significant fines, but a conviction can also impact one’s ability to drive without restrictions and secure employment opportunities. In other instances, a DUI conviction can result in drastic changes to a person’s life, simply due to the timing of the case. Below, we will analyze just a few ways in which a DUI conviction could impact your child custody case, which Illinois calls the allocation of parental responsibilities. 

Implications of a Conviction 

When a parenting issue is taken to court, a judge will use a number of criteria to gain an understanding of which parent is most fit to meet the needs of the child. In Illinois, parents are awarded amounts of parenting time and decision-making authority based on their ability to display a certain level of responsibility and care towards the child. These are just a few of the ways in which a judge may consider a recent DUI conviction as they make their decisions:

  1. Irresponsibility: As the judge considers which parent should have the majority of parental responsibility, a large criterion they will consider is whether or not the parent is mature enough to raise a child independently. While driving under the influence does not mean that one is a bad parent, it certainly will not help your case as the judge considers your parental viability. 
  2. Substance Abuse: A DUI conviction is often the byproduct of one bad decision, but you can be confident that a judge will ask you questions regarding your use of substances, due to the recent conviction. You will have to demonstrate to the judge that you do not have a substance abuse problem and that the DUI was an unfortunate event. The last thing a judge wants to do is send a child into the arms of someone with a substance abuse issue. 
  3. Impact of the DUI Penalties: Because a DUI conviction constitutes a Class A misdemeanor, the impact on one’s life can be significant. For instance, a person can struggle to secure employment or housing opportunities. This may impact the way a judge views a parent as a provider. It should be noted that a parent with a restricted driver’s license essentially restricts the activity of the child, which may be taken into consideration as well. 

Contact an Oak Brook DUI Defense Attorney

At McMahon Law Offices, we are dedicated to assisting our clients throughout their criminal defense cases. In the case of a DUI, we fully understand the ways in which a conviction can impact a person long-term, and we will do everything in our power to avoid that legal outcome. To schedule a complimentary initial consultation with an experienced DuPage County DUI defense attorney, call us today at 630-953-4400. 

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