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After DUI arrest with child in vehicle, judge orders no alcohol during father—s parenting time but declines to suspend visitation

Cheatham County Circuit Court (Judge David D. Wolfe) · November 5, 2025
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Summary

After testimony that a father—s blood-alcohol test measured 0.19 with his 13-year-old present in the vehicle, the court ordered the father not to consume or possess alcohol immediately before or during parenting time but declined to suspend visitation outright.

Counsel for the mother asked the court to extend an ex parte restraining order after the father, Brian Phelps, was arrested on June 22 on charges including driving under the influence and child endangerment. The mother said she learned of the arrest by a social-app posting and that she did not receive personal notice from the father.

Phelps testified on the record that, on June 22, he had been at a creek with his son, consumed what he estimated to be eight beers during the day, and drove his truck with his 13-year-old son in the front passenger seat. Law…

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