{"id":353852,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/military\/criminal-law\/military-dui-court-martial-and-civilian-charges.html"},"modified":"2025-08-14T11:40:14","modified_gmt":"2025-08-14T16:40:14","slug":"military-dui-court-martial-and-civilian-charges","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/military\/criminal-law\/military-dui-court-martial-and-civilian-charges.html","title":{"rendered":"What Happens If You Get a DUI In the Military?"},"content":{"rendered":"\n
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What Happens If You Get a DUI In the Military?<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A military <\/span>DUI<\/span> can result in both civilian court<\/span> proceedings and separate military disciplinary action<\/span> under the Uniform Code of Military Justice<\/span>. Military <\/span>service members<\/span> face dual consequences including court-martial<\/span>, administrative separation, mandatory substance abuse<\/span> treatment<\/span>, and career-ending penalties regardless of civilian court<\/span> outcomes. The military maintains zero tolerance for drunk driving<\/span> and can impose immediate administrative actions<\/span> even before a civilian courts<\/span> resolves the DUI<\/span> case<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

A DUI charge can affect military servicemembers both in civilian court and military disciplinary action. Even if you are charged by local authorities off base, your commanding officers could still impose additional consequences under military law.<\/p>\n

DUI charges<\/a> can have serious consequences for uniformed servicemembers. The military maintains a zero-tolerance policy for drunk driving. If you are a servicemember, it is important that you learn about the consequences of a DUI in your military career.<\/p>\n

This article explains how the process works, likely punishments, and how the military and civilian justice systems interact. If you were arrested for a DUI and are facing charges, contact a criminal defense attorney<\/a> with experience in military law<\/a> to help with your case.<\/p>\n

Military and Civilian Courts Share Jurisdiction<\/h2>\n

The military generally has jurisdiction over active-duty servicemembers, including any crimes they commit<\/a>, no matter where they happen. However, military courts do not have exclusive jurisdiction over DUI charges, unlike military-specific charges such as desertion. This is because state courts generally have jurisdiction over DUI cases.<\/p>\n

So, DUI charges<\/a> are sometimes filed by both military and civilian authorities. However, the constitutional protection against double jeopardy<\/a> generally prevents prosecution in both systems for the same offense. If the state court has jurisdiction, criminal charges will likely move forward there, followed by administrative actions by the military.<\/p>\n

Even if you’re acquitted of DUI charges in a civilian court, the military can still take punitive action (including court-martial<\/a>) based on that same incident. Military administrative actions often happen quickly (within days) and can occur before the civilian court resolves your DUI case, which can take months.<\/p>\n

Jurisdiction usually depends on where the incident took place and the circumstances of the arrest. We’ll explain how this works in a few different scenarios below:<\/p>\n

If You\u2019re Arrested for a DUI on Base<\/h3>\n

You will not face civilian criminal charges for the DUI if you’re arrested on base. But you can be charged by the military for drunken or reckless operation of a vehicle<\/a> under the\u00a0Uniform Code of Military Justice (UCMJ). Penalties include court-martial and administrative actions.<\/p>\n

The state Department of Motor Vehicles (DMV) can also take action, including:<\/p>\n