Navigating a divorce or child custody case in Minnesota is already complex—but if you’re also facing a DWI (Driving While Impaired) charge, things can become significantly more complicated. In this article, we’ll break down how a DWI might impact divorce proceedings, custody arrangements, and your parental rights in Minnesota. The goal? To give you a clear, practical understanding of what’s at stake—and how to protect yourself and your family.
Understanding DWI in Minnesota
In Minnesota, a DWI is defined under Minnesota Statute § 169A and refers to operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. Depending on the severity (e.g., BAC level, prior offenses, presence of a child in the vehicle), the charges can range from a misdemeanor to a felony.
While DWIs are criminal matters, they often have ripple effects, especially when you’re involved in family law proceedings.
If you were charged with a DWI in the middle of family law proceedings, please contact our team ASAP.
DWI and Child Custody in Minnesota
Minnesota family courts make custody decisions based on the “best interests of the child” standard (see Minnesota Statutes § 518.17). Judges consider several factors, including each parent’s mental and physical health, their ability to provide a stable home, and any history of substance abuse.
How a DWI Might Influence Custody:
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A recent DWI may raise concerns about your judgment and ability to provide a safe environment.
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Multiple DWIs or a DWI involving a child in the car may be viewed as more serious and could result in:
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Supervised parenting time
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Reduction or loss of legal or physical custody
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Court-ordered chemical dependency evaluations or treatment
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Minnesota courts are cautious when substance use puts a child’s safety or emotional well-being at risk.
How a DWI Might Affect Divorce Proceedings
While Minnesota is a “no-fault” divorce state, meaning you don’t need to prove wrongdoing to get a divorce, behavior such as substance abuse can still play a role in certain outcomes, especially in these areas:
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Spousal Maintenance (Alimony): A judge may consider a DWI if it impacts one party’s ability to earn or maintain employment.
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Asset Division: If your DWI leads to legal fees, loss of a driver’s license, or job instability, the court may take that into account when dividing marital property.
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Custody and Parenting Time: Again, the child’s best interest comes first—and a DWI can weigh heavily in those decisions.
Real-World Examples in Minnesota
While every case is unique, Minnesota courts have shown a pattern of carefully evaluating DWIs in family law contexts. A first-time DWI without aggravating factors might not drastically impact custody, but a repeat offense, or one involving a child passenger, often results in court intervention and may limit parenting time until the parent can demonstrate sobriety and stability.
Steps to Minimize the Impact of a DWI on Your Family Case
If you’re facing a DWI charge and dealing with a divorce or custody battle, you can take proactive steps to mitigate the impact:
✅ Hire a Skilled Attorney
Find a lawyer with experience in both criminal defense and Minnesota family law. The overlap between these two areas is crucial, and an experienced attorney can build a strategic defense that protects your parental rights. At Martine Law, we specialize in both criminal and family law cases.
✅ Show Commitment to Change
Judges want to see effort and accountability. Complete any court-ordered treatment programs, attend AA/NA if appropriate, and maintain documentation to show your progress.
✅ Highlight Your Parenting Strengths
Gather letters from teachers, coaches, counselors, or others who can vouch for your involvement and commitment as a parent. Maintain consistent and positive involvement in your child’s life wherever possible.
✅ Stay Compliant
Follow all conditions of your release or probation closely—such as avoiding alcohol, using an ignition interlock device, or submitting to regular testing. Non-compliance can be used against you in family court.
Final Thoughts
A DWI doesn’t automatically make you a bad parent, but it does raise red flags that Minnesota courts take seriously. If you’re dealing with divorce or custody issues and have a DWI on your record, you need a clear strategy to demonstrate that you’re taking steps to correct course and prioritize your child’s well-being.
Legal issues like these are complex—and trying to navigate them alone is risky. Speak with an experienced Minnesota attorney who understands both DWI law and family court proceedings. They can help you protect your rights and, most importantly, your relationship with your child.