For some people, the emotional toll of an impending divorce might prompt drinking and other questionable decisions. A spouse self-medicating with alcohol is potentially vulnerable to an operating while intoxicated (OWI) charge.
Other times, one spouse’s arrest for an OWI offense could potentially be the tipping point for a marriage in decline. In some cases, the OWI could be a prior offense that occurred well before the divorce process began.
A spouse facing divorce while also facing OWI charges or with an OWI conviction on their record may worry about how their drunk driving criminal record might affect the divorce case. How much impact can an OWI have on divorce proceedings?
A conviction could affect custody arrangements
Michigan is a no-fault divorce state. Regardless of what inspires either spouse to file, the courts generally do not consider marital misconduct when deciding how to split marital property. However, criminal records can have a profound impact on the allocation of parental rights and responsibilities.
In some cases, an OWI may be indicative of an ongoing struggle with a substance abuse disorder. Judges may take that into consideration when deciding what terms are in the best interests of the children in the family.
An OWI conviction can reduce one spouse’s credibility and make them seem less stable for the children. Especially if a parent has multiple convictions or a partially serious offense on their record, the courts may question their ability to meet their children’s needs.
In scenarios where the OWI involved the children as passengers in the vehicle, the impact of a conviction can be much more significant. Under Michigan statutes, operating a motor vehicle while under the influence of alcohol with children 16 or younger in the vehicle is a form of child endangerment. A child endangerment conviction is very likely to influence what a judge deems appropriate when dividing parenting time and legal authority.
Those concerned that a pending OWI charge could lead to custody complications may want to mount a vigorous defense. Those with prior convictions on their records may need help presenting their custody case to the courts in a manner that shows they can prioritize their children’s safety and deserve a reasonable allocation of parenting time despite their prior conviction.
Working with a lawyer who is familiar with both Michigan OWI defense and family law proceedings can be beneficial for those concerned about how charges might affect their parental rights.