My brother has custody of his two kids. He was arrested for DWI this past weekend and given a blood test two hours after arrest, no breathalyser given. Can he lose custody? He is considering installing one of those breathalyser mechanisms in his car before the court date to show the judge he's taking it seriously. Will this help him? He lives in New York State. Thanks for any advice!
This is a felony DWI, since he had another DWI years ago before his kids were born.
Criminal Defense Attorney
One would hope that one Dwi arrest would not change custody status. If the is an action the court will look at multiple factors before determining what is in the best interest of the children. He might want to consider enrolling in a substance abuse program. Good luck.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: firstname.lastname@example.org. This answer is only for informational purposes and is not meant as legal advice.
Family Law Attorney
It is possible, depending on whether the mother contests custody and many other factors that are considered by Family Court as what physical and legal arrangements "are in the best interests of a child". Losing custody is not automatic on a felony conviction and even incarceration, but can certainly be taken into account in a felony situation.
My advice is to first focus on the criminal law aspects of the DWI charges and get a good criminal lawyer who's versed in DWI offenses. I'd also seek out treatment options, perhaps participate in 12 step programs like AA, and perhaps look into an interlock device, but it's more probable that depending on the disposition of the criminal law matter, your brother will lose his driver's license automatically.
In other words, priortize: first defense of the DWI charges, second, professional treatment for alcohol abuse and third, looking into what the "fallout" of the first steps are on a child custody petition, if any. It may have a lot to do with the fitness and wishes of the non-custodial parent and whether the brother can be a good father without subjecting the kids to danger by needing to drive them around.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
Contracts / Agreements Lawyer
No one factor is determinative, the totality of the circumstances and an examination into past history will dictate whether this will be viewed as an isolated occurrence that will be learned from or an act not in the best interests of the children.
1 lawyer agrees