My friend is in the military, she has a very high tolerance for alcohol. Her babysitter called the police after she left from picking up her child and they caught her right before she entered post. She passed the breathalyzer and she walked a completely straight line, nor was she swirving. The police officer got upset and took blood samples and never told her the results. She was bonded out after 48 hours before being transferred to. County jail but she's being charged with a third degree felony and child endangerment. I dont know the legal terms for it. She doesn't have a lot of money for a good attorney so she is waiting for a court date and a court appointed attny. See know she was wrong but the baby sitter could have put a stop to it before she even left the house. Advice please!!!!!!
There are a lot of issues here, not the least of which is the felony charges. Most attorneys offer a free consulation. I highly suggest using avvo to find couple and giving them a call to explain the situation in more detail. Some attorneys may offer a military discount, and some will offer affordable payment plans. Either way, she will need an attorney. Good luck.
The military will likely, initially defer to the state.
The military will likely have her reviewed by the Family Advocacy Committee for potential child endangerment.
There is no double jeopardy for the military and the state to prosecute her at the same time.
She needs a good off base civilian attorney to help. One who knows the military because there can still be other career consequences.
The District Attorney's Office will wait for the blood test to come back from the lab in Waco, Texas. They will indicted her if the blood alcohol is over .08. Ultimately they will review the video tape of her field sobriety test to determine if they are willing to offer her probation. If she wishes to fight the charges then she should retain an attorney who is knowledgeable in the area of DWI law.
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