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A military DUI can cause a uniformed service member's personal and professional worlds to collide and spark an array of negative consequences.
Here's a breakdown of the two types of military DUI cases along with a run-down of their potential outcomes:
If the state or other civilian authorities charge you with a DUI off a military installation, you will not face a military court martial for the same crime. State law governs the DUI case process.
Nevertheless, your commanding officer may subject you to administrative actions, such as mandatory substance abuse treatment, revocation of pass privileges, or corrective training. The military may also charge you with other crimes related to the incident (e.g. disorderly conduct).
Service members arrested on a military installation should expect to be charged by the military under the Uniform Code of Military Justice (UCMJ), Section 911: Art. 111.
Under Article 111's "intoxication" standard, the military court may adhere to state standards but also has discretion to convict a service member with a blood alcohol concentration (BAC) lower than the state's legal limit.
Though the service member will not face civilian criminal charges for the DUI, the state may still impose non-criminal penalties related to driving privileges.
Commanding officers enjoy virtually unfettered sentencing discretion. Depending on the circumstances of the case, a military DUI conviction could lead to the following -- court martial and non-judicial -- punitive actions:
Service members may also face the following administrative actions:
For extra guidance on military DUIs, you may want to consult an experienced military lawyer.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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