Military DUI: What to Do for a DUI in the Armed Forces & How to Get Out of a DUI in the Military

Service members have the right to defend themselves against DUI charges and should seek legal counsel. You can consult a military defense attorney or a civilian lawyer in the area who is familiar with local military DUI cases. 

Some reliable defenses to DUI charges include:

• Evidence of good driving techniques
• Alternative explanations for physical symptoms
• Prejudicial variables in the field sobriety test
• Flaws in the calibration or administration of the breathalyzer or chemical test
• A lack of reasonable suspicion in making the stop 

In many cases that our experienced military DUI attorneys have helped resolve, a minor first DUI offense by a military officer may not require a judicial hearing. Instead, UCMJ’s Article 15 permits the defendant’s commanding officer to decide on whether the accused is guilty or not. 

2024 punitive actions for a DUI in the military include:

• A court martial
• Forfeiture of pay
• Grade reduction
• Imprisonment
• Dismissal from the military
• Administrative penalties, including GOMOR (automatic suspension of on-post driving privileges)
• Corrective training
• Substance abuse treatment program
• Relieved of pass privileges 

A DUI in the Armed Forces could also lead to being dishonorably discharged from the United States military, and losing your veteran status.This is why utilizing expert legal advice of the best military DUI defense lawyer in the area is always recommended with the free help of an arrest review.

Navigating a Military DUI: Protecting Your Career & Minimizing Consequences

Serving your country is an honorable commitment, and a DUI charge can feel like a devastating blow to your military career. But remember, you’re not alone. Many service members face this challenge, and with the right guidance, you can navigate the situation and minimize the impact.

This guide, informed by our experience as Board Certified Armed Forces DUI attorneys, will equip you with the knowledge and steps to move forward strategically with the best odds to beat a case based upon your own arrest information.

Understanding the Stakes: Military vs. Civilian DUI

2024 Military DUIs are treated under both civilian and military law, often leading to double jeopardy. Civilian courts handle the criminal charges, while the Uniform Code of Military Justice (UCMJ) governs potential administrative actions or court-martial proceedings. This dual system means the consequences can be severe, including:

• Criminal penalties: Fines, jail time, license suspension, and ignition interlock devices.
• Military sanctions: Reduction in rank, loss of pay, discharge from service, and security clearance restrictions.

Taking Immediate Action: What to Do After a DUI Arrest

1. Contact an experienced military DUI attorney: Their expertise in both civilian and military law is crucial for navigating the complexities of your case.
2. Gather evidence and documentation: Preserve any breathalyzer test results, police reports, and witness statements.
3. Cooperate with your command and legal representation: Honesty and transparency are key in building trust and exploring options.
4. Seek support: Military OneSource and other resources offer confidential counseling and assistance for substance abuse concerns.

Building Your DUI Defense Strategy: Minimizing the Chances of Getting Kicked Out of the Military

Your attorney will work with you to develop a tailored defense strategy based on the specifics of your case. This may involve:

• Challenging the evidence: Examining the validity of breathalyzer tests, police procedures, and witness testimonies.
• Mitigation efforts: Highlighting your positive service record, character references, and taking responsibility for your actions.
• Negotiating with the prosecution: Exploring plea bargains or alternative sentencing options in civilian court.
• Preparing for administrative actions or court-martial: Working with your command and legal team to present your case effectively.

Case Scenario: A Second Chance

Our recent client, who is also a Sergeant, faced a DUI charge after a night out with friends. He immediately contacted a local military DUI attorney who investigated the arrest procedures and breathalyzer calibration. The lawyer also highlighted the Sergeant’s exemplary service record and his immediate enrollment in a substance abuse program.

Through negotiations with the prosecution, the attorney secured a reduced charge and avoided jail time. The Sergeant completed court-ordered programs and counseling, demonstrating his commitment to rehabilitation. While he faced administrative actions within the military, his proactive steps and strong defense helped him retain his rank and security clearance.

Remember, every case is unique with finding the best defense which could get out of a DUI charges in the military. Your attorney will assess your specific situation and guide you through the best course of action.

Beyond Legal Defense: Protecting Your Future

• Proactively address underlying issues: Seek help for any substance abuse concerns through military resources or civilian treatment programs.
• Maintain a positive attitude and commitment to service: Demonstrate your dedication to your career and willingness to learn from this experience.
• Stay informed about military DUI policies and updates: Stay up-to-date on any changes to regulations that may affect your case.

By taking decisive action, seeking legal guidance, and demonstrating a commitment to rehabilitation, you can minimize the impact of a DUI and protect your military career.