If you are a member of the military and you get a DUI while on duty or off duty, you will face a unique process that is different than the average civilian’s. This is because you might face a court marital process or Article 15. Whether you were arrested while on leave or on a military base, your military career can be impacted. Because of the seriousness of a DUI charge for military personnel, it is important that you are proactive after being arrested for a DUI and do everything possible to defend yourself against this charge. One way that you can protect yourself is by hiring a DUI attorney. However, in this situation, you don’t want to hire just any DUI lawyer – you should hire one who has experience with military DUI, who knows the laws and defenses that apply to you, and who can assist you in this unique situation. Let Bansley Law Offices provide that lawyer for you! We have the experience with military DUI to help you through this process and protect your career.
Arrested For DUI By Police
If you have been arrested by state or local police for a DUI, you will likely at least face administrative punishments by your Military chain of command. However, just because the military will not be prosecuting you does not mean that you will not receive punishments from the military. Your commanding officer will have the authority to take administrative actions against you. For example, you may be required to complete substance abuse treatment or corrective training, and you might face the revocation of your pass privileges. The military also has the right to charge you with additional crimes related to your arrest, such as disorderly conduct.
Arrested For DUI On Military Base
If you are charged with a DUI by the military, you will face both administrative actions and a court martial. The military is allowed to prosecute you for a DUI under the Uniform Code of Military Justice, Section 911, Article 111. This law states:
Any person subject to this chapter who – (1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 912a(b) of this title (article 112a(b)), or (2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the applicable limit under subsection (b), shall be punished as a court-martial may direct. (b)(1) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person’s blood or breath is as follows: (A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of – (i) the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or (ii) the blood alcohol content limit specified in paragraph (3). (B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is the blood alcohol content limit specified in paragraph (3) or such lower limit as the Secretary of Defense may by regulation prescribe. (2) In the case of a military installation that is in more than one State, if those States have different blood alcohol content limits under their respective State laws, the Secretary may select one such blood alcohol content limit to apply uniformly on that installation. (3) For purposes of paragraph (1), the blood alcohol content limit with respect to alcohol concentration in a person’s blood is 0.10 grams of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person’s breath is 0.10 grams of alcohol per 210 liters of breath, as shown by chemical analysis. (4) In this subsection: (A) The term “blood alcohol content limit” means the amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited. (B) The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and the term “State” includes each of those jurisdictions. – See more here
If the military prosecutes you, you may also face civilian criminal punishments such as the required use of an ignition interlock device on your vehicle(s), the suspension of your license, or other noncriminal penalties.
You will also face military punishments, which your commanding officer can determine. There are two types of actions that your commanding officer might take against you – administrative and punitive.
The military does not exclusively have the right to prosecute a military member for a DUI. Jurisdiction of a DUI will depend on who files the initial charges. If both civilian authorities (such as police officers) and the military file DUI charges, they will have to work together to decide how the prosecution will take place. In some cases, both the military and civilian authorities will prosecute the service member, while in other cases, only one entity will have jurisdiction. It is important to keep in mind that if the civilian criminal court acquits you of the charges that you face, the military can then take action against you.
If you’ve been charged with a DUI and you are a member of the military, you need to protect your career and your freedom. Because you potentially face a civilian court case and military consequences, you should contact a DUI lawyer familiar with military DUI as soon as possible. Such a lawyer can help you by:
Arguing that only one entity has jurisdiction over you, as opposed to both entities.
Representing you during a civilian criminal trial.
Representing you at your DMV hearing to try and save your license.
Proving to the military why you deserve minimal punishments, or no punishments at all.
Protect your rights and your career by contacting Bansley Anthony
today. We have the experience and the knowledge with military DUIs to help you get through this difficult situation.