In family law cases, the court’s number one priority is protecting the best interest of the child. When questions about alcohol use arise whether due to past incidents, ongoing concerns, or allegations made by the other parent, a judge may order alcohol testing as part of a custody or visitation dispute.
At Haugen Law Firm, we understand how serious and stressful this can be. Here’s what you should know about how alcohol testing works in family court.
Why Alcohol Testing May Be Ordered
Unlike illegal drugs, alcohol is legal but excessive or unsafe use can directly impact a parent’s ability to care for a child. Judges may order testing if:
- A parent has a history of alcohol-related arrests (like DWI)
- There is evidence of excessive drinking or neglectful behavior
- The other parent raises credible concerns about alcohol use around the children
- The judge believes alcohol may impair parenting abilities
The purpose isn’t to punish parents but to ensure children have a safe, stable environment.
Common Types of Alcohol Testing
Family courts have several tools to evaluate alcohol use. Some of the most common include:
Urine Tests: Detect recent alcohol consumption, though alcohol leaves the body quickly.
EtG (Ethyl Glucuronide) Tests: Can detect alcohol metabolites for up to 3–5 days.
Hair Tests: Identify longer-term patterns of use (up to 90 days).
SCRAM Devices: Worn on the ankle; continuously monitor alcohol use, often required in high-risk cases.
Ignition Interlock Devices: Installed in a vehicle; prevent driving if alcohol is detected.
Soberlink: A portable breathalyzer device that uses facial recognition and wireless technology to confirm both sobriety and identity. It’s often used in custody cases to provide reliable, real-time monitoring during parenting time.
What Alcohol Testing Can Mean for Custody
Positive Results: A failed test could lead to restrictions such as supervised visitation, no alcohol use during parenting time, or mandatory treatment.
Negative Results: A clean test can help refute false accusations and protect your custody rights.
Non-Compliance: Refusing to take a court-ordered test is usually treated the same as failing, which can harm your case.
Why Legal Representation Matters
Alcohol testing in family court cases is complex. Results can have long-lasting effects on custody, visitation, and even reputation. An experienced family law attorney can:
- Advocate for fair testing methods and conditions
- Challenge unreliable or improperly handled results
- Protect your parental rights if testing becomes part of your case
Moving Forward With Confidence
Alcohol testing is not about catching parents off guard it’s about protecting children. But the outcome of these tests can significantly impact your family law case. Having strong legal representation ensures your rights are safeguarded while keeping the focus where it belongs: on the best interests of your child.
At Haugen Law Firm, we have the experience, strategy, and compassion to guide you through this difficult process.