WHAT TO DO WHEN YOUR CHILD IS AT RISK

Perhaps it is your child's absent parent who drinks and drives. You are in an especially difficult situation because you have limited control over what happens when your child is visiting the drinking parent. Although you have a legal obligation to protect your child from harm, most judges take a very dim view of one parent denying visitation rights to the other parent regardless of the reason. If you fail to make your child available to the visiting parent at the appointed time, you run the risk of being found in contempt of the court or the court order.

Be aware that "child endangerment laws" exist in most states that create a separate offense or enhance an existing penalty for a drunken driving offender who endangers a minor. Currently, many states have statues that create special sanctions for cases of driving under the influence/driving while intoxicated (DWI/DUI) while the offender is transporting a child at the time of the offense.

Start by talking with the attorney who handled your divorce or another family law attorney. Some communities offer legal aid clinics for low income families. Your local shelter for abused persons may also have legal referrals, as they are accustomed to handling family violence-related issues. Tell the attorney you would like the divorce decree modified to better protect your child. The attorney will have to petition the court to make the changes, and you and/or your children will need to testify about the drinking and driving behavior. The judge may rule that your child's other parent may see the child only in the presence of a trusted adult. The modification order may prohibit the other parent from driving with the child in the car. Your chances for amending the custody or visitation orders will be greatly enhanced if: the other parent has a criminal record of drunk driving or other alcohol-related offenses; your child is old enough to testify about the drinking and driving behaviors of the other parent; and/or, you have other evidence to support your claim such as witnesses, police reports, etc. Document the information you believe supports your request and share it with your attorney who will know how to best utilize this information.

Keep in mind, however, that most judges will make every effort to allow the child access to both parents. The judge will also be suspicious if this is another in a long line of attempts to bring complaints to the attention of the court. Even in the most clear-cut situations, judges are reluctant to make dramatic changes in visitation and custody orders. Before attempting to persuade the court to modify your existing divorce decree, seek the advice of an attorney and try to demonstrate a willingness to allow your child adequate time with the other parent under safe circumstances.

ALCOHOLISM

If you believe that someone you know may have a drinking problem, the National Institute for Alcohol Abuse and Alcoholism recommends considering the following four questions on their behalf:

• Have you ever felt you should cut down on your drinking?
• Have people annoyed you by criticizing your drinking?
• Have you ever felt bad or guilty about your drinking?
• Have you ever had a drink first thing in the morning to steady your nerves or to get rid of a hangover?

One "yes" answer suggests a possible alcohol problem. More than one "yes"answer means it is highly likely that a problem exists. If you think that someone you know might have an alcohol problem, it is important that you encourage the person to see a doctor or other health care provider right away. They can help determine if a drinking problem exists and help plan the best course of action, because although some people are able to recover from alcoholism, most will need help in doing so.

REPORTING A DRUNK DRIVER

For states not listed, dial 911. Numbers where you have to dial a * or # first are for cell phones only.

• California 1.800.TELL.CHP or 911
• Colorado 1.303.239.4501, *DUI, or 911
• Florida *FHP (car phones in some areas), or 911
• Georgia *GSP (car phones in some areas), or 911
• Idaho 1.800.233.1212 (car phones), or *ISP
• Illinois *SP, or *99 (Chicago area)
• Kansas *HP (car phones), or *KTA (on the turnpike)
• Kentucky 1.800.222.5555
• Maine *77
• Maryland #77 (I-95 only, car phones)
• Massachusetts *SP, or 911
• Mississippi *HP
• Nevada *DUI (Centel car phones/Clark Co. only) *NHP (other areas)
• New Hampshire 1.800.622.2394, or *77
• New Jersey 1.888.SAF.ROAD
• New Mexico 1.800.232.8394, or *DWI (car phones)
• New York 1.800.CURB.DWI, or *DWI (car phones)
• North Carolina 1.800.662.7956, or *HP (car phones)
• Ohio 1.800.GRAB.DUI, or *DUI (car phones)
• Oregon 1.800.24D.RUNK, or 911
• Rhode Island 1.800.499.3784
• South Carolina *HP (car phones)
• Tennessee *847
• Texas 1.800 525.5555, or 911
• Virginia #77
• Washington 1.800.28D.RUNK
• West Virginia #77
• Wyoming 1.800.442.9090, or #HELP

DRINKING AND DRIVING IS VERY EXPENSIVE!

According to people who know (lawyers, police and the Auto club), the
average costs for a 1st offense drunken-driving case are:

• Minimum fine: $ 390
• Penalty Assessment: $ 666
• State Restitution Fund: $ 100
• Alcohol-Abuse Education Fund: $ 50
• Blood or Breath-Testing Fee: $ 37
• Jail Cite-and-Release Fee: $ 10
• Driving/Alcohol-Awareness School: $ 375 (16 weeks minimum)
• License Reissue Fee: $ 100
• Attorney Fees (average): $ 2,500
• Auto Insurance Increase: $ 3,600 - $6,600
  (The Auto Club estimates $2,200 a year for 3 years)
  Total $ 7,828 - $ 10,828
  Notice that this does not include any costs for lost pay, personal
  injuries, medical costs, vehicle damage or additional penalties for
  causing a crash while drinking.
  
  Source: Reported in the Orange County Register, January 7, 1996. "Street Smarts" Column, written by Jeff Collins.