How Will A DWI Affect My Divorce Case

If you are getting divorced, what happens if you have an “old” DWI (Driving While Intoxicated), recently were convicted of a DWI or just got arrested and charged with a DWI? In addition to whatever criminal consequences you may be facing, a current DWI or one that is only one or two years old may also significantly impact your divorce.

Typically, a DWI will only matter when there is also a child custody issue. If you were caught driving drunk with a child in your car, it is very likely that in addition to serious criminal charges, that in your divorce, you will lose custody of your child.

In situations where there were no children in your car, a DWI will still seriously negatively impact your chances of gaining custody of your children. The Court may view you as a risk or as someone who is irresponsible and not able to control hour alcohol and therefore not fit for custody.

If you were just arrested for a DWI and not yet convicted, you should make sure that your criminal defense attorney and your divorce attorney coordinate their legal defenses. If possible, you want to make sure that you are not convicted of a DWI charge and instead either negotiate a lower charge or go to trial and found innocent.

Finally, even if you have a DWI, not all is “lost”.  If you can show the Court that this was an isolated incident and that you are also seeking alcohol counseling, that can help convince the Court that you are fit to have custody. Certainly, you want to make sure that you inform your divorce attorney that you have a DWI on your record, so that they can give you the proper advice.

David Badanes, Esq. and the Badanes Law Office has helped numerous individuals who have been convicted or charged with a DWI.  David Badanes works closely with an experienced criminal defense attorney to coordinate the best plan of attack. If you have a DWI or been charged with DWI and need an attorney to represent you in your divorce, call David Badanes and the Badanes Law Office today at 631-239-1702, email me at or visit our web site: The Badanes Law Office has offices in Northport and a satellite office in the middle of Nassau County.

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Tips On Getting Pulled Over For A DWI In Northport: Video

As a criminal defense attorney on Long Island, I have created some tips on what you should do if you are pulled over for a DWI in Northport, New York.

You have two basic choices:

(1) Take the breathalyzer test
(2) Do not agree to take a breathalyzer test or the field sobriety test.

The decision to take the breathalyzer test depends on whether or not you have had a prior DWI or DUI in the last ten years and whether you have had any alcohol in the last two hours. If you have a prior DWI or DUI AND you had any alcohol in the last two hours, then you should probably refuse to take the breathalyzer test.

The police officer may tell you that you have to take the test, however, you have an absolute right to refuse to take a breathalyzer test.

If you refuse to take the breathalyzer test, then the police officer will then ask you to take a field sobriety test. Again, you have the absolute right to refuse to take this test. No matter what the police officer says, you can refuse to take this test.

Simply tell the police officer that you want to speak with your attorney and then tell them you want to call your attorney now.

You should only take the breathalyzer test if you are absolutely sure that you had no alcohol in the last 2 hours and if you have never been convicted of a DWI or DUI.