4th May 25 2:20 am
JamieAs unfortunate as it may be, many family law cases are influenced by the “spillover” effects of one party’s substance use. Divorce and custody cases in which one spouse and parent has a history of DUI arrests – and especially a record of convictions on charges related to impaired driving – can be challenging for all involved. Whether and to what extent your DUIs, or your co-parent’s DUIs, is likely to affect your divorce and custody case in Colorado can vary, based on a number of factors and the way they come together in your particular situation. A conversation with an experienced family law attorney in the Denver area may help you to gain a better understanding of your legal options and factors to consider. Call (720) 593-6442 to schedule a consultation with Colorado Divorce Law Group today.
In some states that recognize “at-fault” divorces, one spouse’s habitual abuse of alcohol (or other substances, depending on how the laws are written) may be cited as the other’s spouse’s legal basis for seeking a divorce: Alcohol abuse, in these cases, is the alleged “fault” that one party tells the court should entitle them to a divorce. Because spouses are frequently reluctant to admit fault, often this legal basis, or grounds, may be challenged – so in fault-based divorce states that include some form of substance abuse among their legally-recognized reasons for divorce, a history of convictions for DUI (driving under the influence of alcohol or drugs) or DWAI (driving while ability impaired by alcohol or drugs) may become important evidence, in court, that demonstrates the pattern of excessive and unsafe substance use.
As of 2025, all 50 states allow no-fault divorce in some capacity, usually on the grounds of “irreconcilable differences,” or words to similar effect. Colorado is one of a handful of states in which divorce is granted on no-fault grounds exclusively. Not only do spouses seeking divorce (called “dissolution of marriage” in Colorado) not need to prove misconduct by either party for the court to grant the petition, but considerations of marital conduct are usually irrelevant for most of the purposes of deciding most divorce and custody questions.
The only grounds for divorce in Colorado are an “irretrievable breakdown” of the couple’s marriage, and C.R.S. 14-10-110 instructs judges and magistrates overseeing family law cases to make a finding that the marriage is irretrievably broken whenever:
The law does make provision for situations in which either party might attempt to deny that the marriage has suffered an irretrievable breakdown, but in any case the exclusion of marital misconduct from consideration in determining whether a spouse may legally seek divorce tends to limit the impact a DUI record is likely to have on Colorado family law proceedings. That said, there are still a few situations in which a history of DUIs or DWAIs could influence how divorce and custody arrangements take shape.
Spousal support, known in some states as alimony, is not a foregone conclusion in Colorado divorces. Often, the judge or magistrate presiding over a Colorado divorce will attempt to manage the equitable distribution of the couple’s marital property so that neither spouse needs ongoing financial support from the other to maintain the same standard of living both parties enjoyed during the marriage once the divorce has been finalized.
When one spouse has made a request for financial support, however, C. R. S. 14-10-114(2) directs Colorado courts to make any decision regarding orders to award maintenance without considering the marital misconduct of either spouse as a factor in determining whether to enter an order for spousal maintenance, or in calculating how much support to order. A Colorado court may, however, consider either spouse’s medical concerns – such as treatment for a substance use disorder – in assessing their financial needs. An experienced attorney with Colorado Divorce Law Group may be able to help you evaluate the factors a Denver court may be likely to use in assessing maintenance awards in your divorce case.
Although a criminal record in and of itself will not usually affect an individual’s parental rights unless the history of convictions gives the judge reason to be concerned about a child’s safety while with the parent who has a past DUI conviction, there can be practical reasons why the consequences of a DUI can affect the structure of child custody arrangements under certain circumstances. The most obvious example of this scenario is incarceration: Some DUI convictions, especially for repeat offenses, can come with mandatory jail or prison sentences, which may affect a parent’s ability to fulfill his or her parental responsibilities.
Other potential effects of DUI on child custody in Colorado will depend on the circumstances of the unique situation. Generally speaking, however, the judge overseeing a child custody determination in a family case involving one parent’s history of DUI convictions will typically approach the matter from a consideration of the child’s emotional well-being, physical safety, and long-term development.
Since Colorado courts are bound to prioritize the best interest of the child in any custody determination, and since courts usually operate on the presumption that maintaining a relationship with each parent is likely to be in a child’s best interest, a DUI conviction – even multiple DUI convictions – will not necessarily prevent a Colorado parent from enjoying at least some parenting time with their child. However, if a parent has been arrested for DUI when the child was in the vehicle, a Colorado court may be more receptive to the argument that the parent cannot be trusted with the child’s safety. This concern may not necessarily mean that the parent with the DUI record forfeits all parenting time, but it could result in supervised visits, to ensure that the parent does not put the child at risk by attempting to drive anywhere with the child while impaired.
A first-time DUI may not always be associated with a substance use disorder. For instance, a patient who has recently started a new medication – with a valid prescription – may not realize that the drug, while legal for the individual to use, impairs their driving ability. In these situations, while a DUI is still a serious charge, it may be possible to avoid future incidents merely by switching to an alternate medication or, depending on how the drug is metabolized, changing the time of day at which the medication is taken.
Repeat DUIs, on the other hand, have a strong possibility of being associated with alcoholism or another addiction. In making child custody decisions when one parent has a history of multiple DUI convictions, a Colorado judge may look not only at the parent’s criminal record, but also at evidence that might suggest whether the individual is seeking treatment for substance use disorder, and taking steps toward recovery. Mediation is a very common element in Colorado divorce and custody cases, so often a mediated agreement will include provisions under which an addicted parent agrees to pursue treatment, and the parenting plan submitted to the Court sets out what is known as a “step-up” plan for custody. Step-up plans are commonly designed to increase the time children spend with a parent who is “in recovery” as the parent’s recovery progresses and certain benchmarks (typically defined in the custody agreement) are met.
Parenting time is only one of two essential aspects of child custody determinations. The other is the parental right to (and responsibility for) legal decision-making. Legal decision-making typically covers such areas as medical care, education, and religious instruction. A DUI history may or may not affect this type of custody in Colorado; as a general rule, the judges in Colorado family law cases will try to weigh whether the parent’s DUI record reflects a single, albeit severe, problem, or on the other hand is part of a larger pattern of unwise and potentially irresponsible decision-making.
If you have questions about how your DUIs, or your co-parent’s history of DUI convictions, may affect your divorce and custody determinations in Colorado, you may benefit from having a discussion with a family law attorney. Call (720) 593-6442 to schedule a consultation with Colorado Divorce Law Group so that we can sit down with you, get an understanding of the details present in your specific case, and offer tailored perspective that corresponds to your individual situation.
