What happens if you get a DUI in the military?
Dedicating your life to protecting your country is one of the most noble pursuits you can choose. However, just because you are in military service does not mean you are above the law. Military bases still have rules, so you may be wondering what happens if you get a DUI in the military.
Military officers are held up to a much higher standard than civilians, putting you in a much more severe situation if you get a DUI on base. If found guilty, you could face real consequences to your future and military career. Luckily, you can rely on the help of Lake Charles DUI attorneys to defend yourself from these allegations.
Will a DUI get you kicked out of the military?
The military expects a high level of performance and focus from soldiers, but various personal factors lead both active service members and veterans to alcohol abuse. In fact, in a past study published in the National Library of Medicine, 15 to 20% of veterans have engaged in frequent, heavy drinking. In some cases, this heavy drinking can turn to drinking and driving.
Drunk driving, in particular, is taken incredibly seriously in the military, and anyone caught engaging in it can face harsh penalties. In addition to your military penalties, you will face consequences in civilian court. If you want to keep your position and avoid dismissal, a DUI attorney may be your only option.
You may receive official discipline or a reprimand for your case. The penalties with that reprimand can vary, including whether you get kicked out of the military. What happens will depend on the specifics of the charges against you and the sentence you face after a conviction. Fortunately, we can help pursue a reduction or dismissal of charges.
How does Article 15 govern the penalties you face?
If you have committed a DUI on a military base, you may be subject to Article 15, part of the laws governing the U.S. military. You may also be punished under this article for a military DUI off base. This is a quicker way for a commander to handle minor offenses without needing a court martial. This option usually means you will not go to court but instead receive your active duty DUI punishment from the commander directly.
Under Article 15, there are no judicial proceedings, meaning you will not have the benefit of a lawyer present. However, the maximum punishment allowed is much less severe than you could receive under a court-martial. You are permitted to refuse Article 15 and instead take your case in front of a courtroom, allowing you to build your case with a lawyer and utilize their representation. It’s important to note that you could end up in federal court for your military DUI.
While this may be an option, the commanding officer can still refer your case for a full court martial. Sources like the U.S. Government Accountability Office have also pointed out a need for better administration of these penalties and benefits, which can impact how your commanding officer handles your case. If you have any doubts about the specifics of your case, we can help you detangle your case and the potential penalties you may face.
How will your military record and career be impacted?
If you are an active-duty military member who got a DUI off base or received it on base, you may be looking at more than just an immediate penalty. Your overall record will reflect the infraction even if you are not entirely dismissed. It could affect your entire career, leaving a black mark on your record that will haunt you for the rest of your life.
A dishonorable discharge from the military is more than just a heavy burden. It also revokes your veteran status, meaning you are denied veteran services offered to those who served. A single instance of drinking and driving while in the military could potentially change your life for the worse if you are not able to beat the charge.
This type of case is why accepting the help of a Lake Charles DUI lawyer is so vital. You will likely be severely penalized without a legal advocate and potentially even face dishonorable discharge. With a DUI attorney, you have someone on your side, providing a fighting chance for your future in the military.
Your defense team can help you cope with DUI allegations as a military service member
If you have been accused of a DUI, your military career and your future may be on the line. These are serious accusations, and if you are unprepared to dispute them in federal court, you may find yourself making costly mistakes that haunt you for years to come. Contacting a Lake Charles DUI attorney can help you protect your rights, license, and career.
If you are a member of the U.S. military and have been charged with a DUI, contact the attorneys at The Johnson Firm. We offer specific, dedicated insight into your case and can help you build a powerful defense before entering the courtroom. To learn more about your legal options, call (337) 433-1414 or complete our online contact form.
