Getting arrested can have a lot of consequences, especially if your arrest is for a DWI (Driving While Intoxicated). Sometimes these consequences can be loss of licenses, including professional licenses, or even loss of job. Getting arrested on suspicion of a DWI with a child in your car can have devastating consequences for you and your loved ones.

A yellow children's toy carNew Hampshire’s Aggravated DWI Law

New Hampshire states that if you have a blood alcohol concentration of .08 or more at the time of allegedly driving a motor vehicle and you meet any of the following stipulations, that you could be liable for an aggravated DWI charge:

  • Operation of a motor vehicle 30 MPH or more over the speed limit
  • Causing a collision resulting in serious bodily injury to themselves or another person
  • Attempts to elude an office by any variation of speed increases, turning out headlights, or abandoning a vehicle while being pursued
  • Carrying a passenger under the age of 16

Having a BAC of .08 or more while having a child under the age of 16 in the car can simply result in an aggravated DWI charge.

DWI Arrest & Child Custody

If you are in the middle of child custody battle, divorce, or otherwise, being arrested for a DWI does not look like a great bit of support to help you gain or share custody of your children. Being arrested for an aggravated DWI can significantly hinder your efforts to share or gain child custody, as a judge may question your ability to provide a safe environment for your child. A judge may wonder if you are of sound mind and can refrain from endangering your child.

If you are pending trial for a DWI or aggravated DWI, a judge may also consider that you may be facing penalties that include jail time or incarceration, so custody may favor the other opposing individual.

Ultimately, it is the court’s decision what kind of child custody is granted, but having any additional marks on your record including DWI won’t benefit you when it comes to a child custody battle, regardless of whether or not it’s a first time offense.

If you need help with charges, contact Bernstein & Mello today. We can help inform you of your best course of action and help to build your defense for child custody, DWI, or otherwise.