Legal Question in DUI Law in Arizona

If my husband, a sggt. In UsAF had a Sho and this was known. But he violated a part of parole by not attending a class in time, now they are giving him 30 days in jail. He has postponed this 3 years. Is afraid if the AF finds out he will be in big trouble. Will I be in trouble too, I just found out. Or what should I do to protect myself and my son? Should I tell? He lies to the USAF and me and is being financial irresponsible with our family. I'm afraid . I don't know what this all would mean for myself or my son.


Asked on 4/24/12, 11:14 pm

1 Answer from Attorneys

Carrie Spiller Law Office of Carrie M Spiller, PLLC

I am not a military lawyer, so I cannot provide any information about what the military penalties may be. I am also not familiar with the term "Sho" that you used in your question. You also did not indicate what jurisdiction or court this DUI was from, so I can only provide very general information. If he was on "parole", that indicates he previously had to have gone to prison. If you meant to ask about "probation", that is a different issue. With those clarifications, I could be more specific.

Typically, in AZ, first offense DUI is a misdemeanor, but if you are talking "parole", that would be a felony. If it is "probation", that is consistent with a misdemeanor DUI. If he failed to complete terms of probation, the Court can (and usually does) impose a jail penalty for DUI. He may have done some of the jail time when the case initially resolved, and typically there is additional time that is suspended until probation is successfully completed. If the probation is not completed sucessfully, whatever jail time had previously been suspended is imposed. Depending on the jurisdiction and the charges, he may be eligible for work release (getting out daily from jail to go to work), or some jurisdictions also permit home arrest on DUI cases.

Again, I cannot answer for what the military may or may not do in this situation. You should consult a practicing attorney in your area who is familiar with the military issues you inquired about. And with more specific information about the DUI itself, I could provide a more specific answer on that issue as well. Feel free to contact me, or repost a more specific question.

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Answered on 4/25/12, 9:59 am


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