what will happen to DUI cited Marine?

[kharma84]

What is the name of your state (only U.S. law)? CA
my boyfriend was taken to jail new years eve for DUI. he was in the parking lot of a hotel about to take off into traffic when the officer pulled him over. He is a marine reservist. He isn't going to tell his officers; he rather the truth just come out. he is due in court in march and has a temporary license for this month. Will this have a bad effect on his marine status? Can they dishonorably discharge him? Is there any way to fight this DUI since they did NOT Mirandize him and he was on private property when the DUI was issued? He passed one sobriety test but not the breathalizer.

 

[FlyingRon]

Miranda only applies to being questioned in custody. It's not required for all arrests nor is it a get out of jail free card if it is omitted. I'd consult with a lawyer to see if they can find some defect in the case, but nothing you've stated gives much hope.

Once he is convicted, he may very well be subject to discipline from the military. Driving drunk is generally considered disobeying orders. Discharge isn't probably the outcome (unless he has a history of this), but he'll see something.

 

[CdwJava]

As a note, he did not "pass" the FSTs. If he had "passed" he would not have been arrested for DUI. A lot of people believe they did well on the FSTs, and this is usually not true.

As mentioned, the Marines are not likely to discharge him for the DUI. But, his pending license suspension for the DUI could render him incapable of performing his duties for the Reserves should he have to operate a vehicle during that time. His command may well find out about this. If convicted, he might want to be ahead of the curve rather than behind it and advise them of what has happened. If he fails to tell them, yes, a less than honorable discharge might come his way.

As FlyingRon also mentioned, Miranda is apparently not an issue here. It is only required when a person is interrogated after an arrest, not just for being arrested.

 

[George1776]

He would still be able to drive on his military license on base. He'll get an article 15 ; reduction in a rank or two (if he hides it, likely 2 --- maybe 1 rank suspended/probation for 1yr).

As to fighting the charge, since you are not the one with the dui charge & cannot know everything, I would suggest he see an attny.

 

[Peligroso]

He would still be able to drive on his military license on base. He'll get an article 15 ; reduction in a rank or two (if he hides it, likely 2 --- maybe 1 rank suspended/probation for 1yr).

As to fighting the charge, since you are not the one with the dui charge & cannot know everything, I would suggest he see an attny.

That is completely false