Co-parents involved in a DUI crash with children on-board risk facing child-abuse charges. If the parent didn’t endanger the lives of the children, these DUI charges have little, if any, impact on the child custody status. Accidents involving a co-parent and their children often lead to investigations. The family court investigators try to uncover the facts and circumstances that led to the DUI accident.
Co-parenting is designed to give the children stability, affection, and security. At times, however, co-parenting fails. One of the parents may, for instance, subject the children to danger by causing a driving under the influence (DUI) crash. When this happens, the other parent should focus on ensuring the children are safe. The other parent should also have a child custody lawyer look at the facts of the DUI crash and advise them about available legal options and rights.
DUI Crashes Involving Kids
If the offending parent was intoxicated and had kids in the vehicle, they have two options. The offending parent can either completely relinquish the child custody rights or provide the court with proof of assurance that such an incident won’t happen again. The parent should also accept responsibility for causing the accident. If possible, the parent should willingly check into a rehab facility if the alcohol addiction is beyond control. Such actions show genuine guilt and remorse, and the judge might give the co-parent one last chance. Nevertheless, it would be better to get in touch with a criminal lawyer as they can guide you about the steps to take. They can also formulate strategies that’ll help make co-parents safeguard themselves.
The C.R.S. 14-10-129.4 Motion
Filing a motion to limit the allowed parenting time is best to dealing with a co-parent involved in a DUI car accident. If the motion sails through, the visitation rights of the at-fault parent immediately cease. That parent won’t be allowed to visit or see the children until 14 days have elapsed. After two weeks, the case goes before a family court judge who determines the threat level to the children. If the judge decides that there is imminent danger to the kids, the parenting time restrictions stay in place until further notice.
Child-Abuse Charges
If it’s the first time no children were exposed to danger, the guilty co-parent in the DUI crash gets off with a warning or a traffic ticket. Repeat DUI offenders. However, risk getting slapped with long-term parenting restrictions.
Court-Mandated Tests
The family court judge may direct ETG urinalysis tests to monitor the co-parent’s blood-alcohol levels. Or, the parent gets subjected to spot breathalyzer tests. At times, the parent can be sentenced to an alcohol rehabilitation centre for treatment. Failure to comply with the testing requirements leads to revocation of parenting time.
A family law judge may issue orders to remove the children from irresponsible parents. The court may justify removing the children from the custody of the at-fault parent on the grounds of losing a driving license following a DUI charge. Without a DL, the parent cannot drive the children to the other parent when the allotted parenting time ends.
Drinking and driving indicate a deeper underlying issue that needs to be addressed. If the drinking does interfere with the parenting capabilities, the at-fault parent risks losing custody rights. A 2013 study on the behavioural impact of child abuse indicates that children are likely to suffer physical, emotional, and sexual abuse while living with parents with mental health and substance abuse problems.
The Bottom Line
DUI crashes involving co-parenting couples are likely to happen, especially over the holiday season. The safest remedy when such accidents occur is to work closely with a child custody attorney. The attorney can thoroughly examine the facts of the case to determine whether the children are in imminent danger of getting injured in an accident while living with the at-fault parent. The attorney can also advise the other parent regarding the legal decision they need to make to protect the children.