Divorce is difficult enough on its own. But when a DUI charge is added to the mix, it introduces serious complications—especially in family court. In Colorado, a DUI can alter the trajectory of a divorce by impacting everything from custody and visitation to credibility and settlement leverage.
One Incident, Two Courtrooms
Driving under the influence (DUI) is prosecuted in criminal court. Divorce proceedings take place in civil court. Yet the consequences of a DUI often spill over into the family law arena, with lasting effects.
If you’re divorcing while also facing DUI charges—or if a DUI occurred during the marriage—expect that your criminal record may become part of your divorce case.
Custody and Parenting Time Impacts
Under Colorado law, custody is formally known as the allocation of parental responsibilities. When deciding on parenting time, courts are guided by the best interests of the child standard, outlined in CRS § 14-10-124.
A DUI—especially one involving aggravating factors such as child endangerment, injury, or repeat offenses—can heavily influence this analysis. Courts may:
- Restrict overnight visits or impose supervised parenting time
- Require substance abuse evaluations or ongoing testing
- Delay or reduce a parent’s access until treatment is completed
Even a first-time DUI can raise red flags if it occurred recently or reveals underlying alcohol issues.
Credibility and Leverage in Settlement
A DUI doesn’t just affect custody—it can also undermine a party’s credibility in broader divorce negotiations. Judges may question a person’s judgment, stability, or ability to meet financial obligations.
A pending or recent DUI charge can:
- Undermine trust in testimony during disputes over parenting or finances
- Shift the balance in settlement talks
- Lead to protective orders or additional conditions if domestic safety is a concern
If you’re the spouse without the DUI, your attorney may argue that the criminal behavior places the children—or shared assets—at risk.
DUI and Protection Orders
Many DUI arrests, especially those involving domestic incidents or driving with children in the car, can lead to the issuance of a mandatory protection order under CRS § 18-1-1001.
If that order prohibits contact with a spouse or child, it may effectively determine temporary parenting arrangements before a judge in family court weighs in.
Proactive Legal Strategy Is Critical
Whether you are the one facing DUI charges or your spouse is, you need a legal strategy that accounts for both criminal and family law consequences. That means:
- Avoiding inconsistent statements between courtrooms
- Understanding how plea deals may affect custody
- Using court-approved treatment or counseling to mitigate concerns
At Boal Law, we know how to navigate the cross-section of DUI charges and divorce proceedings. Our experience in both criminal defense and family law allows us to develop unified strategies that protect your parental rights and long-term interests.
Don’t Let One Mistake Cost You Everything
A DUI doesn’t automatically disqualify you from being a parent—but it does raise concerns that must be addressed directly. Judges look not only at what happened, but how you respond to it.
If you’re in the middle of a divorce and facing DUI charges, or if your spouse’s criminal conduct is affecting your case, Boal Law can help. We coordinate your defense and divorce strategy so you can face both courts with clarity, consistency, and confidence.