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Stay Strong Support a Loved One

While drunk driving offenses happen frequently and may not be a felony in many cases, a DUI can have long-lasting effects when determining factors like parental visitation or child custody. 

Court impact

When a parent conducts an illegal activity that is considered “reckless,” such as drinking and driving, the court is responsible for determining your ability to properly care for your child. 

The court also needs to establish a corrective course of action that maintains the best interests of the children.

However, if you have a history of alcohol or substance abuse or if the child was in the vehicle at the time of your arrest, the courts may issue more severe penalties, including sobriety monitoring, supervised parenting time or removal of custody. If you fail to comply with any of the court-mandated sobriety testing or monitoring, your supervised parenting time may be drastically reduced or suspended. 

My ex got a DUI charge. Can I take custody?

While a drinking and driving offense is always a serious matter, a DUI charge does not guarantee that your child custody agreement will change. Speak with a qualified attorney to discuss the custody laws in your state and the circumstances surrounding your ex’s DUI offense to determine if a custody change is likely to occur. The courts will look for details that prove a custody change will benefit child’s health and safety in the long term. If the child was not with the parent at the time of the DUI arrest, or if you cannot prove that the child was or is in danger due to the DUI offense, it may be difficult to convince the courts to take action to alter custody arrangements. If your ex has received prior DUIs, or if they had the child with them at the time of the DUI arrest, you will have a stronger case for emergency custody action. 

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Contact a Family Law Attorney

If you have concerns with your current custody schedule, and would like to have it altered to fit your needs, contact your DUI or family law attorney to discuss your options.  

Even if changes to the child custody arrangement are less severe, a DUI conviction may continue to be used against you if there’s a custody dispute in the future. With the complexities of parental custody and DUI laws, it’s imperative that you hire a qualified DUI lawyer if you’re in the midst of a custody battle to help defend your case and mitigate any additional charges that you may face. 

If you need assistance with the DUI process, DUI.org has DUI experts available to speak with you. If you need a referral to a DUI attorney in your area, please call DUI.org at (833) 386-8923.

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Support a Loved One Learn the Process

It’s no secret that many teenagers experiment with alcohol. According to the National Institute on Alcohol Abuse and Alcoholism, 28% of kids aged 12-20 reported drinking in the past year, and 14% reported drinking in the past month.

While some teens think underage drinking is harmless, it has been proven to have lasting negative effects on brain development. Even more concerning is the risk of underage drinking and driving. Many teens may feel they’re fine to drive after a few drinks, but they often fail to recognize the signs of impairment. This makes the decision to drive after drinking even more dangerous.

Whether it’s called DUI, OWI, or DWI, underage drinking and driving is illegal and extremely risky. The health risks and legal consequences become far more severe when teens combine drinking with getting behind the wheel. In fact, 30% of teens involved in fatal crashes had consumed alcohol. Let’s break down the legal consequences of underage drinking and driving, as well as one proven way to help prevent it.

Drunk Driving Charges Under 21

Driving under the influence is illegal in all 50 states, and so is drinking under the age of 21. This means that underage drivers caught drinking and driving are breaking multiple laws, leading to harsh legal consequences. Penalties for underage DUI can include:

  • Major fines
  • Driver’s license suspension or revocation
  • Mandatory DUI education programs
  • Jail time or juvenile detention

The severity of penalties varies by state and depends on factors like prior convictions and the driver’s blood alcohol concentration (BAC) at the time of the arrest. Most states enforce stricter BAC limits for drivers under 21, sometimes as low as 0.00%, compared to the standard 0.08% for adults (or 0.05% in Utah).

In some cases, first-time offenders may receive more lenient treatment if their BAC was low at the time of arrest. Courts might offer alternatives to jail time, such as community service, probation, or alcohol treatment programs. These alternatives can help young drivers avoid having the conviction on their permanent record, which is critical for things like college applications, scholarships, and job opportunities. However, repeat offenses lead to much harsher penalties with fewer chances for leniency.

Get DUI support. Talk to a DUI Specialist to get support for your case and learn about DUI requirements.

Zero-Tolerance Laws

Zero-tolerance laws are specifically designed for underage drivers, with most states enforcing much lower BAC limits for anyone under 21. While the standard legal BAC limit for drivers over 21 is 0.08%, underage drivers can face penalties with BAC levels as low as 0.02%, or even 0.01% in some states.

These zero-tolerance laws are meant to discourage any level of drinking before driving. The presence of even a small amount of alcohol in an underage driver’s system can lead to major legal trouble. According to the National Highway Traffic Safety Administration, zero-tolerance laws have been effective in reducing underage drinking and driving incidents and related fatalities.

Voluntary Car Breathalyzers for Teens

A proven way to prevent all drinking and driving, including that by underaged drivers, is by using a voluntary ignition interlock device (IID), commonly known as a car breathalyzer. These devices, which can be installed in any vehicle, require the driver to provide an alcohol-free breath sample before the car will start, helping to ensure your teen isn’t driving under the influence.

For parents, voluntary IIDs offer peace of mind by promoting safe driving habits and helping teens resist peer pressure. They also provide critical support for teens who may be struggling with alcohol use. Since these devices are not court-mandated, no government monitoring is involved, and special pricing options are available for voluntary installations.

At DUI.org, we offer resources and guidance for families interested in installing a voluntary IID to keep their teens safe and responsible on the road. Call DUI.org today for help with ignition interlock devices and other state requirements.

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Support a Loved One Cost Learn the Process Stay Strong

As a parent, explaining sensitive topics to your children can be uncomfortable, especially when it comes to something like having an Ignition Interlock Device (IID) in your vehicle. At DUI.org, we support you from avoiding a DUI to meeting post-DUI requirements so you can regain your driving privileges. We understand that having an IID can be a part of your journey towards responsibility and safety after a DUI or similar incident.

That’s why we teamed up with Brian T. Davis, a Licensed Independent Social Worker and a Substance Abuse Professional to prepare this brief guide on how to explain why you have an IID to your children.

Together, we’ll walk you through how to have this conversation with your kids in a way that is honest, age-appropriate, and reinforces the importance of making safe choices.

Why Talk About It?

Before you start the conversation, it’s important to know why it can be a good idea to talk to your kids about your IID. Kids notice things, like seeing the device in your car or hearing about it from others. By talking about it openly, you can:

  • Show Responsibility: When you’re open with your kids, you show them it’s appropriate to take responsibility for mistakes or problems. This can help them grow into responsible adults who know how to handle tough situations.
  • Build Trust: Being honest with your kids builds trust. It makes them more likely to talk to you when they have problems or questions.
  • Teach Them: This is a chance to teach your kids about the dangers of drunk driving and how it can affect people and families. It’s also a good time to talk about how to act around law enforcement.
  • Focus on Safety: Talk about why it’s important to make safe choices, especially when it comes to alcohol and driving. Help them learn to make smart decisions, like not getting into a car with someone who’s been drinking.

Keep it Simple But Meaningful

For younger kids (ages 4-10), keep it simple. Use words they understand and stick to the basics. For example:

  • “Mom/Dad has a special device in the car to make sure they are always safe when they drive.”
  • “It’s like a reminder to always make good choices and not do things that can hurt us or others.”

Just remember that even young children may follow up their first question with a much more challenging one.

Get DUI support. Talk to a DUI Specialist to get support for your case and learn about DUI requirements.

Be Honest

For older kids (ages 11-18), you can share more details. Be honest about your mistake and the consequences, and emphasize that you’re working to make better choices. For example:

  • “I made a mistake by driving after drinking, which is dangerous and against the law.”
  • “The device helps show that I’m making better choices now and keeping everyone safe.”

If you’re dealing with more than just a mistake, like struggling with alcohol, it might be helpful to talk to a counselor or evaluator about how to explain it to your child.

Though this might be difficult, kids can often tell when there is a problem, and talking with them about other steps you are taking, in addition to the IID, can help them feel more assured that the parent they love is getting help and is going to be ok. This helps create a secure home environment.

Answer Questions

Be ready for questions. Encourage your kids to ask anything they want and answer truthfully and calmly. If a question is hard to answer, it’s okay to say you need some time to think about it and talk later.

This is also a way to show them that you are open to an ongoing conversation rather than an open and closed discussion which might leave them feeling unsure or insecure.

Reinforce Positive Behavior

Finally, Use the conversation as a chance to talk about other ways you prioritize safety, like always wearing a seatbelt and never using your phone while driving.

By having an open and honest conversation about your IID with your children, you can turn a potentially difficult topic into a valuable teaching moment. Everyone makes mistakes, but it’s how we learn from them and take responsibility that truly matters. Your kids will probably appreciate your honesty and openness, even if it’s hard for you at first.

For more assistance visit:

DUI.org Can Help

We understand DUI laws can be confusing. That’s why our State Specialists are here to help. We specialize in guiding you through the necessary requirements, from ignition interlock devices to SR-22 insurance, so you can stay on the road. Reach out now for assistance.

About the Co-Author

Brian T. Davis is the Founder and Executive Director of Directions Counseling & Coaching in Columbus Ohio and New Directions Assessments, a national mental health and substance use assessment website service. His teams enlist the talent, compassion, and experience of over 35 therapists and coaches who have been providing assessment, therapy, and coaching services to individuals, children, families, companies, and courts nationwide for over 30 years.

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Support a Loved One Learn the Process Stay Strong

A DUI charge can bring a whirlwind of emotions for both the person involved and their loved ones. Feelings of anger, guilt, shame, and frustration can surface, creating stress and uncertainty.

As a supportive partner, there are ways to help navigate this difficult period and foster a positive environment for healing. We’ve consulted with Brian T. Davis, a Licensed Independent Social Worker and a Substance Abuse Professional to outline five key steps you can take to support your partner after a DUI.

1. Provide emotional support

Your partner is likely working through a lot of negative feelings after their DUI charge and may be overwhelmed with the legal steps ahead of them. Make a conscious effort to be a safe space for them to share their emotions and thoughts.

Check in regularly to see if they need to talk, and listen actively without judgment, setting aside your own thoughts and feelings so they can be open and honest.

If you find yourself feeling frustrated or even angry towards your partner, recognize that this can be normal. You might try to get support for yourself first so you can approach them with greater empathy. It may also be important to express your own feelings in a constructive way.

Taking turns listening might mean you agree to share feelings in separate conversations to avoid the intensity and conflict that can come from a topic where both of you may have high emotions and a need to be heard.

2. Limit risk factors and triggers

One significant way you can support your partner is by helping to avoid the environments and situations that may have led to the DUI.

Plan ahead for how to get home from an event if you both plan to drink. If certain friends tend to encourage drinking and driving, limit interactions with them or suggest sober activities as alternatives. Committing to a wellness challenge together can also help your partner make better decisions about drinking.

3. Seek professional help

If you suspect a deeper issue with alcohol use, encourage your partner to seek treatment. Research local treatment providers, support groups, and other resources together. You may also want to explore programs designed for couples to help both of you navigate this challenge.

If your partner isn’t ready or open to conversations about professional help, realize that coming off pushy or preachy could backfire. You can continue learning on your own and wait until your partner shows openness.

If your partner has not been open to seeking professional help and you think there is a concern for their safety or other family members, you can enlist the help of a professional yourself to consider your options in approaching your partner.

TV shows have made “interventions” a popular approach to professional help but realize there are less dramatic approaches.

You may also benefit from finding a professional who takes less of a made-for-TV approach. An “open family intervention” with no surprise or secret meetings can often be equally effective to help your partner consider getting more help.

This can be a serious engagement. If you call a professional to talk about this, prepare a list of questions in advance to interview the professional and then call at least one other professional to compare their approach.

Support is just a call away. Get DUI Specialist support and learn your state's DUI requirements.

4. Take time for yourself

Coping with a DUI can be a stressful time for both you and your partner, so it’s important to practice self-care. Schedule time to reset and recharge with an activity or hobby you enjoy. Seek out support for yourself as well, whether it’s through trusted family or friends or a licensed counselor who can help you process your emotions.

5. Make driving arrangements

Depending on the local DUI laws, your partner may face a period of license suspension. Work together to plan transportation alternatives if they’re unable to drive. Some options include public transit, ride share apps, or getting help from family and friends.

Contact our DUI Specialists

Unsure where to start after a DUI? Our State Specialists are ready to help you or your loved one meet all the driving requirements, like IIDs and SR-22 insurance. Call us today and let us guide you toward getting back behind the wheel.

We understand that mistakes happen, and we’re committed to providing non-judgmental service so our customers can safely get back on the road.

Facing a DUI can be a challenging and emotional journey, but with compassion, support, and practical planning, you and your partner can navigate this period successfully. Lean on the resources available and take proactive steps to come out stronger together.

For more assistance visit:

About the Co-Author

Brian Davis is the Founder and Executive Director of Directions Counseling & Coaching in Powell Ohio and New Directions Assessments, a national mental health and substance use assessment website service. His teams enlist the talent, compassion, and experience of over 35 therapists and coaches who have been providing assessment, therapy, and coaching services to individuals, children, families, companies, and courts nationwide for over 30 years.

Categories
Learn the Process Stay Strong Support a Loved One

When your child is facing the challenges that come with a DUI violation, you naturally want to support them in regaining control of their life. Although the journey might seem daunting, with the right guidance, you can help them discover the steps necessary for license reinstatement and encourage positive steps forward. At DUI.org, we support you from avoiding a DUI to meeting post-DUI requirements so you can regain your driving privileges. We’re here to assist both you and your child through this challenging time, providing helpful solutions that streamline their requirements for reclaiming a driver’s license.

Understanding License Reinstatement Requirements

Navigating the maze of DUI consequences can be overwhelming, especially for parents who may not fully understand what’s required. Here’s a quick guide to the most common reinstatement requirements your loved one might need to fulfill:

  • Ignition Interlock Device Installation: In many states, DUI offenders must install an Ignition Interlock Device (IID) in their vehicle. It’s valuable to work with an IID provider that has many convenient locations in your area. Each service center should be able to handle IID installation, maintenance, and removal, ensuring your child’s compliance with state mandates.

  • Proof of Insurance (SR-22): DUI offenders might also need an SR-22, a certificate that confirms their insurance coverage meets state requirements. SR-22 specialized insurance providers like Breathe Easy Insurance simplify this process by connecting you with affordable that are specifically designed to save money and stay available after a charge like a DUI. Their high-risk insurance policies are also often a good value for young inexperienced drivers.

  • Court-Mandated Programs: Depending on the jurisdiction, your child may need to complete DUI education or treatment programs. Many states maintain a list of state-authorized programs on their drivers’ administration websites.
  • State-Specific Reinstatement Fees: Help your child understand the costs involved in reinstating their license, including any state-specific fees.
  • Paperwork: Make sure your child has completed and submitted all necessary paperwork to the DMV.
Get DUI support. Talk to a DUI Specialist to get support for your case and learn about DUI requirements.

Supporting Your Child Through the Process

Navigating these requirements can be a significant challenge. Your emotional support is crucial in helping your child react in a positive manner to their charge. Here are some ways you can be an encouraging presence:

  • Communicate Openly: Approach conversations about the DUI violation with empathy and avoid passing judgment. Encourage them to ask for help.
  • Stay Informed: Learn the requirements specific to your state so you can provide accurate guidance and assist with scheduling programs and IID installation. Consider hiring a qualified DUI attorney.
  • Promote Accountability: Help your child understand the importance of following court mandates and maintaining insurance coverage.
  • Address Problems: Consider also assisting your child in obtaining an alcohol assessment or treatment program, if necessary, to ensure they receive the support they need during this challenging time.

DUI.org is Here to Help

We understand DUI laws can be confusing. That’s why our State Specialists are here to help. We specialize in guiding you and your child through the necessary requirements, from ignition interlock devices to SR-22 insurance, so you can stay on the road. Call DUI.org for free assistance.

Breathe Easy Insurance Solutions, LLC’s home office is in San Juan Capistrano, CA and provides property/casualty insurance in all states except AL, AK, HI, MA, ND, NY, RI and WV. Visit www.beasyinsurance.com/about-us to see all license numbers.