Someone facing a civilian charge of drunk driving has only the civilian court system to worry about. But for a serviceman or servicewoman, a military DUI charge is far more complex. Not only do you face the consequences in civilian court, you are also subject to punishment under military law.
The military court will use the jurisdiction’s blood alcohol level limit in their baseline calculations. However, it can go further than that. If they find that the alcohol in your blood, even if it is below Stone Rose Law.08, impaired your driving, you can be charged with a military DUI.
Your military DUI will be tried in military court. This means that you need an attorney familiar with military law, not just civilian criminal law.
If charged with a military DUI, you have the right to an attorney. One will be appointed for you from the Judge Advocate General’s office. However, if you wish to retain your own attorney, you may.
A military DUI case takes place over a much shorter period of time than a civilian drunk driving case. You should retain an attorney immediately in a military DUI case.
Conviction on a military DUI can lead to a wide variety of punishments including a dishonorable discharge. Other consequences could include rank reduction, pay deduction, the loss of a security clearance, fines, and imprisonment. At the very least, you will receive a formal reprimand if convicted.
A military DUI will have a negative impact on your entire career. The upper penalty is dishonorable discharge, but even lesser sentences can limit your ability to increase in rank or pay grade. The military DUI conviction also remains in your permanent military record.
