When a service member of the US military is charged for driving drunk on military property, for example, a military base, they are charged with a military DUI. This isn’t uncommon in areas with a large military presence. In such a case, the state DUI law will not be enforced for the offender. Instead, the Uniform Code of Military Justice will be the law applicable to the military offender.
However, if the same service member was arrested outside of a military property, they will face DUI charges under the state law. It is not classified as a military DUI in this case. Thus, the main difference between a civilian and a military DUI is merely the location.
Charges and Consequences of a Military DUI
A DUI charge can have serious consequences for uniformed service members. They may have to face license suspension and a trial in a military court. It can not only deprive you of security clearances and cause loss of rank, but it can also destroy your military career. Multiple DUI convictions can even lead to a dishonorable discharge, making it extremely difficult for you to obtain civilian work.
Military DUI law applies to vehicles, aircraft, and vessels. If your Blood Alcohol Level (BAC) is higher than 0.08, you are legally under the influence. However, since the military DUI law gives a significant degree of discretion to the military court, you may face the penalties associated with a military DUI even if your BAC is less than 0.08. The court may consider the nature of the violation to charge you with the punishment.
In addition, your commanding officer also has a great deal of discretion on how to handle your case. It is possible that you’ll face non-judicial punishment, a court-martial, or certain administrative actions. These are generally classified into two types:
Punitive Actions
These include a court-martial that can adversely affect your pay and can also result in imprisonment, grade reduction, or dismissal from the military. Besides a court-martial, you may have to face other non-judicial penalties termed as ‘Office Hours’ or ‘Captain’s Mast.’
Administrative Actions
Administrative actions typically include revocation of driving privileges or your pass, a reduction in grade, restriction on re-enlistment, a letter of reprimand and/or attending mandatory corrective training. These also encompass separation or dismissal proceedings if the service member is convicted of two alcohol-related charges within a year. Treatments for substance abuse are also part of administrative actions.
Obtain Legal Help
If you’re charged with a military DUI, obtain free, confidential advice and free representation from your local military defense counsel as soon as possible. As opposed to obtaining legal representation or a civilian DUI charge that must be paid for from your own pocket, getting legal help from military legal counsel is totally free of cost.
