DUI While in the Military

If you’re a member of the armed forces facing a Military DUI charge, the process and consequences can be much different than someone who faces a civilian charge.  There are some important differences you need to understand when you’re dealing with a Military DUI charge.

What is intoxicated for a military DUI?  For members of the military, a military court can use the state’s legal blood alcohol limit for a military DUI.  However, military courts aren’t limited to the state’s legal limit.  If your blood alcohol limit is lower than the state’s legal limit, but the military court feels it was enough to impair your ability to operate a vehicle, you can still be charged with a military DUI.

Where will your military DUI be tried?  Unlike civilian DUI, a military court will try your military DUI.  This means that you’ll need an attorney that understands military law and military DUI.  As in a civilian court, one charged with a military DUI has the right to adefense attorney.  It’s important that you get an attorney to assist you with the military DUI as quickly as possible.  While civilian court proceedings tend to stretch out over a long period of time, military DUI court will move much faster.

What type of sentencing applies to military DUI conviction?  In a military DUI conviction, there can be a wide variety of punishment.  In a civilian trial, a DUI sentence is limited to community service, jail time, fines, loss of license, community service, and DUI programs.  These are all limited by state law

In a military DUI case, the sentencing can be quite different.  For example, military DUI does not have a maximum legal sentence, so the court will be able to decide the sentence.  A military DUI conviction can result in dishonorable discharge, a rank reduction, a pay deduction, loss of security clearance, fines, and imprisonment.  At the very least you may receive a formal reprimand for a military DUI.

How will a military DUI affect my career?  A military DUI can have a serious impact on your military career.  It’s possible to receive a dishonorable discharge ending your military career permanently.  Less severe, but still serious, consequences of a military career include the inability to increase in rank or pay grade.  Your military DUI conviction will become part of your permanent military record.  In the armed forced, a military DUI is a very serious charge with serious consequences and requires the skills of anaggressive DUI lawyer who has experience in handling military DUI cases.