A conviction for driving while impaired (DWI) in Minnesota can do far more than affect your driving privileges and criminal record—it can also influence child custody decisions, especially if you are already involved in a custody dispute or expect one in the future.
While a single DWI does not automatically result in losing custody, it can raise concerns about your judgment, stability and ability to provide a safe environment for your child. A repeat offense can escalate these concerns and potentially impact your ability to maintain your custody and/or parenting time rights significantly.
A matter of safety, security and stability
Minnesota family courts make custody decisions based on the best interests of the child in question. This includes evaluating each parent’s physical and mental health, ability to provide a stable home and willingness to support the child’s relationship with the other parent. A DWI conviction may be viewed as a red flag, particularly if it involved high blood alcohol content, a crash and/or if the child was present in the vehicle at the time of the arrest.
Judges may question whether a parent with a DWI conviction can be trusted to make responsible decisions when the child is in their care. If an incident involved a pattern of substance abuse, repeated offenses and/or failure to follow through with court-ordered treatment, the court may limit that parent’s custody rights or order supervised visitation. Even in cases where both parents are seeking joint custody, a recent DWI can tip the balance in favor of the other parent, especially if that parent can demonstrate a more stable lifestyle.
With that said, it is important to note that timing and context matter. A single DWI from years ago that was followed by treatment, a clean record and consistent parenting is far less damaging than a recent arrest during an ongoing custody case. If you’re navigating a custody matter, the court will consider whether you have taken steps to address any substance use issues, completed any required treatment programs and shown a pattern of responsible behavior since the incident.
Nevertheless, if you are facing a DWI charge and are concerned about how it might impact your custody case, speaking with both a criminal defense attorney is going to be important. In some cases, successfully challenging a DWI or negotiating a plea deal can make a significant difference in how the family court views one’s situation.