Drinking and driving with children

What can be done if your ex drinks and drives with your children? They have told me he recently drank 3 beers with dinner at a restaurant and drove them home (over 20miles). It is in our consent order we are not to be under the influence around and/or driving under the influence with our children. I have no proof except the children’s word, ages 9 and 11. What can I do? It’s happened before and it’s been mentioned to him but he continues to do this.

If “driving under the influence” is not defined in your court order, then it is possible that 3 beers is not enough for the father to be considered at the impaired level that a DWI criminal charge would require. If you suspect that the father may be inappropriately drinking around the children and then driving, in violation of the terms of the order, then you can threaten to file a contempt motion against the father. However, you would likely not be able to prove that the father has violated the court order without personal knowledge of him drinking “under the influence” or without someone who can testify that he has been drinking “under the influence” to the point that it violates the court order.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

It actually says shall not drive with children “while under the influence of alcohol.” It doesn’t require a DWI or require a certain blood alcohol level. Wouldn’t 3 beers be considered under the influence of alcohol?

“While under the influence of alcohol” can have several meanings. If it is not defined in the court order, then “under the influence” may or may not mean three beers.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

How would you recommend amending the order and defining “under the influence” of alcohol? Can you really define it? Can you Define it as being more than 1 drink? Will a judge sign an order that allows you to drink 1drink with dinner and then drive with children, but prohibits more than that? Surely you have dealt with this issue and can lend some advice. Thank you.

Yes, drinking alcohol and driving with the children can be addressed and defined in a court order. For example, the order could state, “Neither parent shall drink more than one 16oz. beer, 8oz glass of wine, or 4oz of liquor while in the presence of the minor children.” Or, “Neither parent shall consume alcohol while in the presence of the minor children.”


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.