I Got Arrested for a DUI Charge While Serving in the Military, What Should I Do to Beat a DUI?
In any branch of the Armed Forces, military self-reporting of DUI arrests is not recommended until you first speak with a Board Certified local UCMJ attorney. A trusted UCMJ lawyer who is also a specialist in local DUI defense law, will provide free legal advice right away as to whether you should immediately self-report a DUI, DWI arrest or not to your command based upon your own unique case circumstances.”
What will happen if I am arrested and convicted of a DUI offense charge while serving in the military such as the Army, Marines, Navy, Air Force, Space Force, or National Guard?
Most common likely USMJ outcome and minimum consequences to expect upon Armed Forces DUI conviction May 2023 include but not limited to are:
- Court martial
- Demoted rank
- Average jail-time or brig of 1 week
- 7 days of extra service required
- Mandatory training focusing on corrective behavior
- Mandatory alcohol and drug treatment sessions
- Enhanced fines which typically amount to two-thirds a soldier’s basic salary for 30 days
May 2023 military DUI consequences under current policy is serious due to punishments carried out by the UCMJ, regardless of whether a DUI charge happened on or off base. The quick legal action you take now for implementing arrest-specific legal defenses for ways how to get out of a DUI in the military will make all the difference between an honorable or dishonorable discharge later in a military career.
Under military code 10 U.S. Code § 911 – Art. 111 that dictates punishments for driving under the influence charges for a military DUI offense, the penalties will likely be far more severe and life-altering than a typical civilian case, when a military service member is convicted for the same type of DUI or DWI charges. Identifying the best DUI defenses that work under Uniform Code of Military Justice (UCMJ) always has the best chances of success when expert legal help is utilized early in a case.
While a DUI case tried in the criminal court can carry on for several months, this same offense prosecuted by the Armed Forces will be typically proceed much faster. Due to how soon the consequences happen for DUI while serving on active duty, this is all the more reason why it is so crucial to know the best legal methods and technicality defenses how to beat a DUI in the military in time before any hearings take place.
An arrest review early on is always the best method to establish how to get a DUI dismissed while maintaining your honorable status with your military career.
Additionally, for military personnel concerned about legal costs of being able to afford a good lawyer, we can connect servicemen with local pro bono DUI lawyers who are often available to provide free DUI defense and help with possibly getting a military DUI, DWI deferred.
Our specialist lawyers for DUI will carefully review your charges online free in order to ensure that the military police or civilian officers followed every technical procedure by the book legally, and that all chemical sobriety tests were processed under the strict rules often not followed. If police did not, all the results and subsequent DUI charges can be thrown out entirely.
After a free DUI arrest review online, many of the top best local Armed Services attorneys for DUI, DWI are also proud to offer military discounts on legal fees. Our expert lawyers for DUI cases in every state and local jurisdiction recognize the daily sacrifice our military personnel make. It is for this reason why with a valid Military ID, many of the best DUI attorneys nearby will provide their legal defense expertise at a discounted rate for those serving in any branch of the Armed Forces.
- What Consequences To Expect To Happen For A DUI In The Military
- Average Cost Of A Military DUI If Convicted
- Steps To Prevent A Dishonorable Discharge For DUI
It is imperative that every Armed Forces service member is fully aware how even a first offense DUI will affect a military career, before going to court or pleading guilty to the offense. The 2 main areas that a DUI can affect a career in the military are:
- Any DUI, DWI offense today is punishable under 2023 UCMJ policy. Each branch of the Armed Forces has it’s own policies in place that enforce how DUI-related charges are prosecuted. These Military DUI penalties could be combined with, or entirely separate from, civilian consequences of the case in local court. Due to these strict policies in place today, a service member charged with DUI can expect chances are more likely to face a court martial, and why immediate legal advice at no cost is essential for a winning defense to lessen the impact on a soldier’s career.
- Furthermore, a DUI conviction or guilty plea will have additional negative effects on a career in the military, regarding the status of being able to maintain a current security clearance. It is typically mandatory for military occupational specialties to acquire and maintain a current, active security clearance. If a military service member gets convicted of DUI, DWI charges, the outcome is nearly certain it prevents the likelihood of maintaining a security clearance.
As a recent story published in military news described in how a DUI forever changed a soldier’s career both in the professional and financial cost of the consequences, it is a harsh reminder of the reality of what can happen under the current military law and protocol. This is why it is so important to explore every possible option to fight and get a DUI or DWI charge dropped or dismissed, in order to help prevent this negative outcome and long-term stigma from ever happening in the first place. Since a drunk or drugged driving case will move quickly and result in severe life-altering penalties if convicted, this is why it is so crucial for any member of the military charged with a DUI offense gets help as soon as possible following an arrest.
However it is important to realize that not all DUI arrest charges will go to trial in criminal court. Some DUI and DWI cases can get dismissed due to lack of, or improperly collected evidence, and some DUI charges can get dropped down to a lesser offenses. Having your own specific DUI arrest events analyzed through us online, can help you determine what course of action is most appropriate for your particular situation based upon what took place.
Some common DUI defense examples are, not all arresting police officers will always have the necessary DUI training to properly conduct and interpret a roadside field sobriety test. In addition, breath test devices are not always accurate and can often be successfully challenged in court, and many times how a DUI blood test is collected or processed can be challenged as well. After an arrest can be thoroughly reviewed online through us by an expert DUI attorney nearest your location, they will discuss your best defense options with you and what to expect for how a DUI in the military will affect you based on your own unique circumstances.
Once the best military DUI lawyer nearby has examined all of your arrest information and discussed your case with you, they are there to make sure that all your rights are protected and that no mistakes or BAC testing procedural errors were made at any time during the course of the DUI or DWI arrest. The attorney will challenge the accuracy of DUI breath and blood test evidence collected and will hold arresting officers accountable if it is found they may have violated a serviceman’s rights. Even though the consequences that will happen for military personnel charged with DUI are severe if they are convicted, the legal techniques and defenses used for ways to get out of and beat a DUI case while serving in the military are very much the same as civilian court.
We are also able to help get a special diversion of this charge for military personnel in many cases. However, the best chances of success is always at the early stages of a case, as soon as possible after a DUI arrest has taken place. This is the only way how certain penalties that take effect soon after a charge can still be prevented in enough time.
What are the Consequences to Expect to Happen for a DUI in the Military?
Listed below are some of the common penalties a person can expect if convicted of a driving under the influence offense arrest, which can also apply to members of the military. In the Armed Forces, it is just as important to know what happens for your first DUI offense and be aware of consequences to expect in civilian court if convicted of DUI or DWI charges.
- First time DUI offense convictions will on average carry a one-year suspension of driving privileges, a fine of not less than $1,250 on average, and now the new requirement under the law to install the Ignition Interlock device for a period of time in order to legally drive again.
- Second time DUI offense convictions generally carries a two-year driver’s license suspension, and potential jail time of up to 30 days on average, with an even longer length of time to be required having to drive with an Ignition Interlock installed on any vehicle an offender operates.
- Insurance premiums will often rise dramatically, in some cases to $7,000 per year.
Military DUI Off Base Regulations, Best Legal Defense
Many servicemen we help often ask us “what should I do if I got a DUI in the military, and what punishment can I expect to happen?” When determining the best course of action of what to do for a Armed Forces DUI or DWI arrest charge offense, a person needs to first fully understand they will be facing severe consequences and know what the true cost of a drunk or drugged driving in the military is if convicted of the offense in court. This is because a person charged with driving under the influence while currently serving in the military will be facing both criminal charges and a driver’s license suspension, including UCMJ military administrative penalties.
It is imperative for all military personnel to be aware of current 2023 regulations, that any service member may also still be subject to a court-martial when someone gets a DUI, DWI off base. These career consequences are in addition to the standard criminal penalties if convicted of DUI in court. Considering all that is at stake, is why vigorously fighting the charges early on is generally always in a defendant’s best interest to minimize or avoid the negative impact on a service member’s life.
There is no substitute for staying informed about your case, and knowing what all your true defense options really are for the best defense strategy how to beat a DUI in the military. With any lawyer you do eventually decide on hiring, it is essential to know what they are (or should be) actually doing for you.
Too many drivers are quick to write a check to an attorney, only to realize after the fact that the minimal effort was put forth in their case.
While there is never any guarantee for any criminal offense case, the more you know what to look out for in advance, the better your chances will be for winning in court and not getting taken advantage of by unreliable lawyers.
Average Cost of a Military DUI if Convicted or Pleading Guilty to the Offense
As recent Armed Forces news reports have covered about the true cost of a DUI for servicemen, it is essential to be aware of what will happen if convicted or a guilty plea is entered for this offense. When fighting DUI and DWI arrest charges, both your freedom and future with a military career are on the line. You should seek legal counsel with us from the best local military defense lawyer nearest you by having the details of your arrest reviewed online with us as soon as possible after being charged with a driving under the influence of alcohol or drugs while serving on active duty.
Beyond possible jail time, mandatory fines, and a driver’s license suspension, you could face other non-judicial punishments, or even face a court-martial. This means what you can expect to happen is facing anything from a reprimand to imprisonment and dishonorable discharge.
Please realize that a DUI arrest conviction is not automatic, and there are case-winning defenses available for ways how to beat a DUI charge while serving in the military with a our help reviewing the arrest details for potential strategies in time. Legal fees are also always a concern, and affordable financing is commonly available with most DUI lawyers so the best possible defense is attainable to you. Whether serving in the Marines or another Armed Forces branch, DUI fees must be weighted against the costs of a conviction:
- Not just for military service men and women, but any citizen could lose a career if they are unable to drive due to a suspended license for a DUI or DWI offense conviction;
- You face a severe change in your life style if you cannot drive;
- Additional high Insurance premiums for several years;
- You will have a permanent criminal record;
- With strict new 2023 DUI laws in every state, a person likely will have to install an ignition interlock for a first DUI offense in their vehicle once their driving privileges are restored. Before starting the car, the driver will have to blow into the device. If an impermissible level of alcohol is detected, the vehicle will not start. Typically how it works, a person convicted of a first drunk driving offense will have to use this car Breathalyzer device which rents for about $100 a month for at least one year. For people convicted of a second DUI offense, can usually apply to have the interlock machine removed after three years. A driver who is a habitual repeat offender with more than two DUI/DWI convictions may have to install the device permanently, or will risk losing a driver’s license for DUI permanently.
- Getting a DUI charge while in the military and then having a criminal record could hurt your current military service career, future employment, and even restrict your ability to travel to other countries.
Steps to Take to Prevent a Dishonorable Discharge for DUI in the Armed Forces
A DUI, DWI arrest charge while serving in the Army, Marines, Navy, Air Force, Space Force, or National Guard could ruin your career and future in the military. This is because a dishonorable discharge is a strong possibility if you are arrested and then convicted for drunk or drugged driving offense, since there is a zero tolerance policy for driving under the influence. The bottom line is, alcohol or drug related charges while active-duty in the military very often will result serious consequences for a serviceman.
There are certain steps to take now for the best defense options if you currently serve, or plan to serve in the Armed Forces and have been arrested and charged with a first DUI offense. Please have your arrest details reviewed through us online with an experienced and local military DUI, DWI lawyer from where you will be going to court, and help to protect your legal rights and your military career.
We will help to ensure you are fully aware of all your true options available, so both your valuable time, money, and case chances to win are never wasted. After examining your arrest details, a specialist DUI attorney will walk you through what to do and expect about what your realistic options are when fighting to get out of and beat a military DUI charge offense.
Best Military DUI Defense to Get Out of a DUI and Avoid a Dishonorable Discharge
It is crucial for any Armed Forces personnel to understand that even when a way is found how to beat a DUI in the military by getting a case dismissed, there still can be military consequences which are separate to the criminal DUI charges. Uniform Code of Military Justice 10 U.S. Code § 911 – Art. 111. Drunken or Reckless Operation of a Vehicle, outlines how an active duty military member can get court-martialed for DUI or DWI even when the criminal case gets dismissed. A neighborhood expert military DUI defense lawyer can review the arrest online, and inform a military member how to fight a dishonorable discharge for DUI according to the case-specific circumstances.
Under military code 10 U.S. Code § 911 – Art. 111., any personnel who operates or physically controls a vehicle, aircraft or vessel in a reckless way or while intoxicated by alcohol, Marijuana, or another drug can be court-martialed and face a dishonorable discharge possibility. What this means is, even when DUI or DWI charges are dropped or dismissed in civilian criminal court, a commanding officer can still decide to take punitive actions against a military member charged with DUI after the civilian criminal court case is over.
Since the danger and chances of dishonorable discharge for DUI is a real possibility, it is all the more essential to know how to fight a military DUI case soon after an arrest happens. Local expert military DUI defense lawyers will review an arrest online with us, and inform an Armed Forces member what to do for the best defense how to get out of DUI charges and any military consequences under 10 U.S. Code § 911 – Art. 111.
Additional May 2023 Military DUI Defense, UCMJ Resources:
Uniform Code of Military Justice – 10 U.S. Code § 911 – Art. 111
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.
5 thoughts on “Military DUI: What to Do for a DUI in the Armed Forces & How to Get Out of a DUI in the Military”
This may be a little more complicated because you may have to go through the JAG and hire an independent local attorney. Best bet would be to check with the Judge Advocate General first
DUI on post
If my DUI is dismissed in civilian court can the military (Air Force) still take administrative action against me? If they do take action against me without waiting for a conviction and then later the case is dismissed, will I be able to get back what they toke from me ? (rank, pay, driving privileges, etc…)?
I did hire a civilian lawyer. Any useful info on any cases like this would be appreciated.
How did this turn out?
I’m curious to know how this went? I am currently in the same thing and my whole DUI got dismissed of multiple reasons. I am in a bit of spot where I don’t know what to do and leadership doesn’t know what to do either because they haven’t seen my situation happen/