The term “military DUI” refers to a uniformed member of the armed forces being arrested for driving under the influence. When a military member is charged with DUI on a military base, the service member isn’t charged by state penal code. Instead, he’s charged under the Uniform Code of Military Justice. Now, if the person arrested on a military base isn’t a service member, he is charged with DUI under California law.
What is the Military DUI Charge?
If you are charged with a military DUI, the formal charge will be drunk driver under 10 U.S.C. 911. This is the US Code- Section 911: Art. 111 which refers to reckless driving and drunk driving. This is different than California state law which applies to aircraft, vehicles and vessels.
According to Military law, any service member who operates a motor vehicle under the influence of alcohol commits the crime of DUI. Military law defers to state law regarding intoxication level. Driving with a blood alcohol concentration, or BAC, of 0.08 percent or higher in the state is above the legal limit and can get you arrested for DUI.
Additionally, Military Code also allows Military Court the option of lowering the DUI threshold for any case. This means you can face a military DUI penalties even if your blood or breath tests show a less than 0.08 percent BAC.
The military may exempt service members from to facing certain civilian legal penalties like jail time or fines. However, you can face non-criminal penalties from the state’s Department of Motor Vehicles, or DMV. This includes a license suspension for a specified period of time.
The Consequences of a Military DUI
A military DUI includes a variety of serious consequences which may include:
- A letter of reprimand
- Dishonorable discharge
- Corrective training
- Incarceration
- Loss of security clearance
- Fines
- Loss of military pension
Yes, these penalties are harsh. Military code also allows commanding officers complete control over implementing which punishment he or she seems fit.
Were you arrested for DUI on a military base? Whether you are a service member or civilian arrested for DUI, the Law Offices of Jonathan Franklin will assist you. Contact Attorney Jonathan Franklin immediately. Time is precious when it comes to defending anyone against a DUI charge. The sooner our legal team can go over the details of your case, the more legal options you’ll have. These legal options involve preserving evidence for a possible trial and negotiating plea deals with prosecutors. We’re here to help you successfully resolve your matter so that you can move on with your life.
