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- How Family Courts View Criminal Convictions in Custody Cases
- When Does a DUI Impact Custody or Parenting Time?
- Aggravating Factors That Can Hurt Your Case
- Legal Standards and Arizona Statutes on Child Custody
- What to Do If You’re Facing a Custody Case After a DUI
- Real-World Examples of DUI and Custody Disputes
- Frequently Asked Questions About DUI and Custody in Arizona
- Important Things to Remember About DUI and Child Custody
- How CHM Law Can Help You Fight for Custody
When you’re going through a custody case, every part of your history and behavior can come into play—and a DUI conviction is no exception. Family court judges in Arizona are tasked with making custody decisions based on what’s in the best interests of the child. That means they may consider your past or current criminal history, especially when it relates to behavior that could put a child’s safety at risk.
Whether your DUI happened years ago or during the middle of a contested divorce, it’s important to understand how Arizona courts are likely to interpret it. Will a single DUI automatically mean you lose custody? Not necessarily. But if the court sees a pattern of unsafe choices, or if the DUI involved your child or excessive impairment, it could significantly affect your parenting time or decision-making rights.
In this article, we’ll walk through how family courts evaluate DUI convictions, what the Arizona statutes say, and what actions you can take to protect your parental rights. You’ll also learn how the attorneys at Colburn Hintze Maletta (CHM Law) can help you manage both your family law and criminal defense matters with a strategic, coordinated approach.
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How a DUI Conviction Can Impact Your Custody Case in Arizona Family Court
How Family Courts View Criminal Convictions in Custody Cases
Arizona family courts are required to prioritize the “best interests of the child” when making custody decisions. This includes legal decision-making authority (what some call “custody”) and parenting time (visitation). Under ARS 25-403, the court considers multiple factors, including the mental and physical health of each parent, history of substance abuse, and whether the parent can provide a safe environment for the child.
A DUI conviction—especially one that occurred recently or while children were in your care—can raise concerns about your judgment, ability to ensure safety, or struggles with alcohol. However, courts do not automatically penalize parents with a DUI on their record. Instead, they look at the totality of the circumstances:
- Was the DUI an isolated incident or part of a larger pattern?
- Did it involve aggravating circumstances, like having a child in the car?
- Have you taken steps to address any substance use issues?
The court’s focus is not on punishment but on risk management for the child. Showing that you’ve taken accountability and made changes can go a long way in preserving or even restoring custody rights.
When Does a DUI Impact Custody or Parenting Time?
Not all DUI convictions carry the same weight in a custody dispute. The context and severity of the offense matter significantly. In Arizona, common DUI types include:- Standard DUI (ARS 28-1381): BAC of 0.08% or more.
- Extreme DUI (ARS 28-1382): BAC of 0.15% or higher.
- Aggravated DUI (ARS 28-1383): DUI with a suspended license, a third offense, or with a child in the car.
Aggravating Factors That Can Hurt Your Case
Family law judges are more likely to limit or supervise a parent’s custody rights when there are aggravating circumstances surrounding the DUI. These include:
- Child in the vehicle during the DUI incident
- High BAC levels or multiple offenses
- Ongoing substance abuse or a failure to complete court-ordered treatment
- Refusal to comply with court or probation terms
- Endangerment charges in addition to the DUI (ARS 13-1201)
If the court believes the child’s physical or emotional safety is at risk, it may order supervised visitation or temporarily suspend parenting time altogether. This is especially true if there are previous issues of neglect, domestic violence, or erratic behavior related to alcohol or drug use.
In these cases, working with both a criminal defense attorney and a family law attorney, like those at CHM Law, is critical. A coordinated legal strategy can help you address these aggravating issues head-on.
Legal Standards and Arizona Statutes on Child Custody
Arizona law gives family court judges broad discretion in determining custody. Under ARS 25-403.04, the court is specifically required to consider evidence of substance abuse when deciding custody and parenting time. If the court finds that a parent has abused drugs or alcohol in the previous 12 months, it may impose limitations, including:- Requiring abstinence from alcohol or drugs
- Mandating participation in substance abuse treatment
- Ordering supervised visitation
- Temporarily suspending parenting time
What to Do If You’re Facing a Custody Case After a DUI
If you’ve been convicted of DUI and are involved in a custody case, it’s vital to show the court that you are committed to being a safe, responsible parent. Some helpful steps include:- Complying fully with all criminal court requirements (probation, treatment, classes)
- Avoiding alcohol and drugs during the custody case—some courts may request proof
- Enrolling in parenting classes or substance abuse counseling voluntarily
- Demonstrating stability in housing, employment, and your daily routine
Real-World Examples of DUI and Custody Disputes
Example 1: DUI With a Child in the Car A mother was charged with aggravated DUI after she was pulled over with her 4-year-old son in the backseat. The father, who already shared custody, filed an emergency petition to suspend her parenting time. The court ruled that supervised visitation was appropriate until she completed alcohol treatment and showed consistent negative alcohol tests. Example 2: Old DUI With No Recurrence A father had a DUI conviction from seven years ago but had since completed treatment, maintained full employment, and had no other legal issues. During a contested custody trial, the mother tried to use the conviction against him. However, the judge ruled that the DUI was not relevant to current parenting abilities and awarded shared legal decision-making. These examples show how context and timing make a significant difference.5 Frequently Asked Questions About DUI and Custody in Arizona
① Does a single DUI mean I’ll lose custody of my child?
Not automatically. Courts look at the timing, severity, and whether the DUI reflects an ongoing issue. A single, old DUI may have minimal impact.② What if my DUI involved a child in the car?
This will be viewed more seriously. It may lead to supervised parenting time or restrictions until the court feels the child is safe in your care.③ Can I still get joint custody if I’m on probation for DUI?
Possibly. You’ll need to show compliance with probation terms, abstinence from alcohol, and overall stability.④ Will the court require alcohol testing or treatment?
Yes, courts can and often do require alcohol testing, counseling, or substance abuse evaluations if a DUI is involved.⑤ Can CHM Law help with both custody and DUI matters?
Yes. Our attorneys at CHM Law have extensive experience handling both family law and criminal cases. We can build a coordinated legal strategy for your situation.
Important Things to Remember About DUI and Child Custody
- Arizona courts focus on the child’s best interests, not punishing the parent.
- A DUI involving a child passenger or multiple offenses can trigger severe custody restrictions.
- Arizona law allows judges to require treatment, testing, or supervision based on substance use.
- Demonstrating sobriety, stability, and responsible parenting can help restore or protect custody rights.
- Legal guidance from an experienced team like CHM Law can significantly improve your outcome.
How CHM Law Can Help You Fight for Custody
At Colburn Hintze Maletta, we understand how complicated life becomes when your criminal case overlaps with a custody battle. We don’t just defend your rights in court—we protect your role as a parent. Our legal team provides:- Free consultations with experienced attorneys
- Personalized custody strategies that account for criminal charges or past convictions
- Skilled representation in both family court and DUI proceedings
- Strong relationships with prosecutors, judges, and court evaluators in Maricopa and Pinal County
Attorney Darin Colburn has experienced first-hand just how difficult going through a family law matter such as divorce is when his parents divorced when he was 6 years old. Twenty years later, he has devoted his entire legal career to helping those facing similar issues. Darin attended the University of Arizona and graduated Cum Laude from the Eller College of Management. Darin is an experienced trial attorney that excels in high-net-worth divorce, complex business valuations, and messy child custody disputes.
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I was assaulted by two drunk bigots who threw anti semitic slurs at me outside of my favorite restaurant. Im 5’8 158 pounds the main guy “William” who assaulted me is 6’2 205 pounds and tattooed up but falsely claimed I hit him so hard his face was swollen up to the point where he couldn’t work for a month and was seeking $7348 in damages. A false police report was filed against me and William’s best friend Taylor who also assaulted me corroborated the bs story to the best of his ability. For a while I lost my faith in humanity because I was being charged with assault for self defense by the state of Arizona. Rather than pay off William with a misdemeanor compromise I did something he didn’t expect and hired David. In court David proved to the judge that William and Taylor were lying through cross examination he found four cases where they contradicted each other or changed their stories. David also brought up police body camera footage of a civilian explaining what happened which was a completely different story than what William and Taylor had told police, the look on the prosecutors face was priceless. If found guilty I would have a criminal record for the rest of my life and probably lose my real estate license so it meant the world to me that David got all the charges dropped.
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Don Colburn’s years of experience was a tremendous asset to my case. It truly showed that my process was lengthy and exhausting. His patience and professionalism are above reproach. Without Jen Bone, I truly feel my case would have gone in a very different direction. The time and energy she put into my case is something I am very thankful for. This law team understood my main focus was my children and they adhered to that focus for the entirety of my case. Thank you Jen and thank you Don!
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I am truly happy that I contacted Timothy Hintze for help in my stressful divorce case. He is a professional, who listens well and works very efficiently. I am grateful to him from the bottom of my heart for his patience, judgment, kindness, and desire to help, and most importantly, the ability to solve my problem and ensure my peace of mind for the future. Thank you!
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I hired CHM a day before I left out of state for my son’s wedding. I had been in a terrible car accident the night before I left and had no car, no help and no idea what to do after the accident. The legal team took care of everything for me. From my property damage to helping me get a new car. I couldn’t be happier with their service.
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“His expertise was what made this a smooth ride”
My experience at CHM was the best yet, Darin was an excellent help to my messy custody case from start to finish. His ability to convey complex legal matters in a clear and compassionate manner. His expertise was what made this a smooth ride. I highly recommend CHM to anyone seeking any type of legal assistance.
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Lauren, is a fantastic attorney and understands the judges quirks and perspectives very well. She is great at communicating with you the expectations and ground work that you will need prior to going to court in order to assist in helping you win your case. The tips and advice she gave me proved to be paramount in setting up my custody battle case to show trends and disprove the oppositions arguments prior to going in front of a judge. Lauren has an excellent team of paralegal that understand her expectations for preparing for court and they work around the clock to ensure that you feel comfortable with the materials and game plan strategy. During some financial hardships that I experienced last year due to a layoff, not only did Lauren and CHM allow me to go on a payment plan but Lauren personally reached out to her personal network to help me find employment. That was a WOW factor, because it showed me that I am valued as a client but more importantly she believed in my cause and valued me as a person. I have kept Lauren services since 2022 following her as she switched law firms and will continue to use her and her team as needed for any other family law issues. She is deeply valued and appreciated in my family making the family Christmas card mailing list.
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There are times in life when it really matters to hire the BEST, and when I found myself in one of those critical situations, I relied on David Maletta to get the job done. From the moment I hired David, I knew I had made the right decision, and he performed at the highest level to protect and protect me from the legal problems I faced. I cannot say enough about the professional top-level service I received, and I quietly thank David Maletta every day for the skills he brought to the table in dominating and winning my case. When the outcome is important, do not pick a lawyer out of the phone book, -go straight to David Maletta and hire him, -HIRE THE BEST!
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I highly recommend this team for their exceptional professionalism and compassionate approach. They guided us through a challenging time with clear communication and unwavering support, making the process much easier for our family. Their dedication and expertise ensured a favorable outcome, and we are truly grateful for their outstanding service.
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I had the privilege of working with Darin Colburn on a recent legal matter that involved both labor law and intellectual property. Despite not specializing in labor law, Darin Colburn utilized his extensive legal knowledge to provide exceptional assistance, and the results were nothing short of outstanding. From our initial consultation, it was evident that Darin Colburn possessed a profound understanding of the complexities surrounding my case. His timely responses and clear communication instilled confidence in his ability to handle the matter with competence and dedication. Darin Colburn went above and beyond in explaining the situation in detail, breaking down the complex legal aspects of the matter. This approach, coupled with his broad legal knowledge, empowered me to make informed decisions throughout the process. What impressed me most was Darin Colburn’s meticulous plan of action. He outlined various courses of action, presenting the pros and cons for each. This transparent and detailed approach allowed me to actively participate in decision-making, tailoring the strategy to my specific goals and risk tolerance. Executing the chosen plan, Darin Colburn demonstrated efficiency and skill, leading to a swift and successful resolution. His dedication and professionalism throughout the process were evident, and the outcome exceeded my expectations. In conclusion, Darin Colburn may not have been a specialist in labor law, but his adept application of general legal knowledge was instrumental in the positive resolution of my case. If you’re seeking an attorney who combines legal expertise with effective communication and a commitment to success, I wholeheartedly recommend Colburn Hintze Maletta PLLC. I must say that I rarely leave a review on anything, but their professional service and client experience throughout the entire process was incredible.Thank you, Darin Colburn, for your exceptional service and for guiding me through the complexities of my legal challenges with skill and dedication.
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Outstanding Family Law Attorney Office the team provided exceptional service during a difficult time. Their professionalism, empathy, and expertise in family law were evident from start to finish. They were always responsive and offered clear, practical advice that made navigating my case much easier. I highly recommend them for anyone in need of a trustworthy and skilled family law attorney.
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Words cannot express how thankful and pleased I am with this firm and the professionals they have on staff here. I had the fortune to work with Donald D Colburn Esq, Henry Alzate Esq, and Kimberly Sisk. The amount of devotion they showed to my case and my situation was amazing. My case was very very complicated with a lot of moving parts that were about the Jurisdiction of a Custody battle for my two infant boys. Throughout the case it was clear to me that they were every bit as invested in my case as I was. They were relentless in their pursuit to get the proper venue for the case and were thorough in the preparation of every aspect of the case. This was most impressive especially because of the speed in which events proceeded. Everyone dedicated so much time and effort even working late and through weekends. They worked with me and kept me well informed and explained every aspect and step I did not understand even while I was on the other side of the country. I feel absolutely blessed to have gotten them as my council and would recommend them VEHEMENTLY. They are POTENT firm full of great council and teamwork that you can trust and rely on when you’re fighting for what’s most important to you. Though I hope to never have need of council again I can say with certainty that if I do, I will only call CHM LAW.
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Kerri Mora - Google Review
“Very professional, very empathetic, and very responsive to all the issues.”
I had the opportunity to work with Darin during a very troublesome time in my life. As a family attorney, I found him to be very professional, very empathetic, and very responsive to all the issues I faced. I would recommend him to anyone without a second thought. Thank you, Darin!
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I just want to share my extraordinary experience with Juanita . Very grateful they took care of my request in a timely manner very quickly and efficiently. I highly recommend her.
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Darin Colburn was wonderful, professional and a wealth of information. He was so helpful along with Whitney his paralegal.. the outcome was what I was hoping for !! Thank you all for everything !! His entire office staff was great!! I am so thankful for all of you!!
Vicki Poutre - Google Review
“I Highly recommend him for those who need a great attorney “
Darin has been my attorney on a few different matters, over the past five years. He has become like family, as we have communicated he has been known to phone me on his way home, or on the weekend if something comes up. I have always valued Darin for his attention to detail, kindness, and passion for doing “what is right”. I would call Darin time and time again should I need his services. Thank you, Darin, for all you do – I appreciate you!