What happens when someone gets arrested for a DUI with a child passenger?

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What happens when someone gets arrested for a DUI with a child passenger?

My husband is in the military and was arrested for DUI with a child passenger. Can the military take over his case, or will he have to go to civilian court? Will child protective services be involved? This is his first offense.

Asked on August 5, 2011 Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Military court law and court martial is different really in every jurisdiction but also whether the offense was committed on base or off. Further, if your husband self-reported this to his superiors, he could be looking at hearings and trials in both the criminal court arena and military court. The military court could limit privileges or discharge him (honorable or dishonorable discharge). You could consider the criminal court in the county in which it occurred would have jurisdiction simply because it is a state law violation. Further, as to the child endangerment portion (because that is what it is considered), child protective services may already be involved behind the scenes, especially if the police took the child away when your spouse was arrested or had you come pick up your child. Be grateful nothing happened to your child and realize this is going to be a long battle, unless your husband has effective criminal defense counsel who has military court experience and can understand the relationship between the two and see if your husband would qualify for or be plea bargained to either a delayed conviction or simple probation.


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