LevinaFia23's picture

What happens to a convicted dwi bio parent? They've been convicted somehow with no jail time and they have unsupervised probation for a year. In any case what happened for others in the past. I couldn't find the search bar on the site.

ESMOD's picture

Depending on circumstances.. maybe "nothing".. (it is not uncommon for someone to not get jail time for a first offense.. ususally they are required to do some alcohol safety program.. lose their license for some small period of time (maybe 30 days).. and then have a restrictred use license.  Sometimes interlock devices are required by court.  if the other bio parent wants to use this conviction to ask for a change in custody.. it could become a factor..   If there is concern that the parent would drive with no license etc?

LevinaFia23's picture

Right dh is concerned she may not have a license now that she's been convicted of a dui. He wants to confirm her license is valid before ss goes back to her this weekend. I believe his mommhas a cop researching but not sure. Other than that not sure what else he can do with her being guilty of a dui. It doesn't seem anything. Her past is so reckless we thought she'd at least get supv probation. She really got off alot despite how much she's done. She was also swerving lanes, got a dwlr and speeding ticket all in past few months. That just goes no where too wow everytime 

ESMOD's picture

Having a valid license isn't a requirement to have custody necessarily..   He should consult with his lawyer to see if the possibility would rise to a reason to have an emergency hearing to change or stop custody.

His mom should not be having a cop research this ... if someone uses their access improperly.. he could lose his job.

go the proper route.. go to your husband's lawyer.. or if he doesn't have one.. maybe CPS?

Just having a DUI is not in itself grounds for denying custody.. not having a license is not grounds for denying custody.  If you are able to find that she is unlicensed.. you could see if she drives to pick up the child and not allow the child to go with her if you know for a fact she is unlicensed.. but often people have restricted licenses or interlock devices.. if she is not drinking.. no reason to deny it.

LevinaFia23's picture

What would you do in this case with your ex?

How can you know if the license is valid or not legally? 

ESMOD's picture

I would have your attorney do a check.. there are probably also other ways to check.. my state you can log on to the court case site and see convictions and sentencing information.  You could also buy a background check on her.

If she you find she has lost her license.. you could have your lawyer file for an emergency custody change.. to dig out more of the details.. or if you know it is suspended.. you could involve law enforcement in the pickup if she is driving.. etc..

your lawyer will be your best resource here.

Rumplestiltskin's picture

My SO is going through the same thing. He isn't trying to take more custody (BM2 hardly spends time with the kids as it is) but BM2 has been slinging accusations and trying to get more custody/money. SO's lawyer said he found a record of BM2 having a DUI last year. I tried searching records but she is from another country and uses multiple names and even different DOBs. Supposedly the lawyer is on it. It's out of my hands at this point. Sad what BMs get away with. This woman filed an ex-parte a few years ago with false accusations. It was thrown out but I think SO needs as much info on this DUI as possible, if only to use as insurance against future attacks. We are not married or cohabiting and i'm focusing on my kids right now, but i see how this system works. 

Harry's picture

DWI... DUI.  And other issues ..THAT 40% of the people would not be able to see there kids.  Then you get into what alcohol level was at testing.  Almost Drunk two times drunk  number. Three times.  Almost dead. ??

Rags's picture

to full advantage and go for her throat.

As much if a shit as she has been, no quarter.  Be professional, document, and confront.

Toxic people do not like it when they are confronted.  Which is exaclty why the should be confronted.

Have fun!!!



Rumplestiltskin's picture

My feelings exactly. Do i feel that getting one DUI warrants losing your children? No. But, if it's a situation where the person is using all their "advantages" to screw you over, consider the DUI a gift from heaven and use it as ammunition. 

LevinaFia23's picture

Previously while following this case dh mentions he knows she's in court for multiple cases related to dui and speeding. She completely denied the dui said she was just a passenger and only admitted to the speeding ticket. Now that it's finally been closed after months of continuance and she's been found guilty on all accounts its interesting. At this point dh hasn't said anything about since but I guess at the exchange he'd ask about her license. Are you saying he should file or only document this result?