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The Consequences of Receiving a DUI While in the Military
- By Ignacio Lopez
- Published 12/30/2010
- Local Politics
- Unrated
Ignacio Lopez
Ignacio Lopez has years of experience as an attorney. If you are facing a DUI charge he recommends this DUI Lawyer Los Angeles.
Contact Info:
Ignacio Lopez
ignaciolopez09@gmail.com
http://www.iwin4you.com
Getting a DUI while serving in the military is a very serious offence. It some ways it is even more serious that if you are a regular citizen.
Not only do you have the police to answer to, but also your commanding officers, and your comrades. It can mean the difference between an honorable career of duty and service, and a dishonorable discharge.
Believe it or not, recent studies have shown a dramatic increase in alcohol abuse among those on active duty. In fact, in one study it was revealed that military personnel are more likely to drink more heavily than those who are not in the military.
Because of the high criterion of a military person, they face greater consequences in regard to DUI than a civilian, as previously mentioned. As you probably already know, DUI is a very serious offense, but when faced with one while serving in the military, it means the consequences can and usually are much more severe.
If someone who is a member of the armed forces finds him or herself facing a Military DUI charge, there are a number of differences regarding a military charge compared to a civilian charge. The first difference is that when a person is in the military, their case is tried in a military court, which has a different criterion for evaluating the state's legal blood alcohol level.
In fact, in a military court, if the blood alcohol limit is lower than the state's legal limit, it does not necessarily matter. While this may seem surprising, it is because if the military court feels that the blood alcohol level was high enough to impair the ability of the person driving a vehicle, thus they can be charged with an offence.
Intoxicated in the Army, Navy, etc. is defined as the presence in the blood of any amount of alcohol, however small. It is very possible for a service person to be DUI or DWI even if a Breathalyzer or blood alcohol test discloses that the blood alcohol concentration is considerably below the state's legal level.
While it's always best to have an attorney represent you in any case which must go to court, unlike a civilian arrest and charge, a military court tries the military offence. What that means to the person in the armed service is that their attorney must understand law for their particular branch, and the special procedures which go with a military DUI.
In addition, when appearing in a civilian court case, the case may stretch out over a long period of time, whereas in a army offence, the courts move much faster. Besides being over quicker, the sentencing can be more severe.
For example, in a civilian drunk driving trial, most sentences are focused on community service, jail time, fines, loss of license, and taking classes on avoiding drunk driving. In the case of the armed forces, it's the court that decides on sentencing and can result in anything from dishonorable discharge, to a rank reduction, pay deduction, loss of security clearance, fines, and imprisonment.
Anyone in the military facing one of these serious charges can expect that it will destroy their career in whatever office they may hold. The reason is because a dishonorable discharge usually and often occurs when a person is arrested for drunk driving, and that means a career in the military will probably end.
There are times when the relationship of the service person with their commanding officer can have an effect on the end result, but more often than not, an alcohol related arrest bears great consequences. If a person in the faces a court-martial because of these charges, their good name, along with their civil service career, benefits, and freedom are at great risk.
More than likely, a positive alcohol test will lead to the end of a honorable career in addition to federal conviction and jail time. It is for that reason that a good attorney should be there to represent any person in this critical position.
It can help a client receive an acquittal or possibly a reduced sentence thereby saving their jobs, and their reputations. If you are facing a charge similar to this, talk to a good lawyer immediately about how to proceed from here.
Not only do you have the police to answer to, but also your commanding officers, and your comrades. It can mean the difference between an honorable career of duty and service, and a dishonorable discharge.
Believe it or not, recent studies have shown a dramatic increase in alcohol abuse among those on active duty. In fact, in one study it was revealed that military personnel are more likely to drink more heavily than those who are not in the military.
Because of the high criterion of a military person, they face greater consequences in regard to DUI than a civilian, as previously mentioned. As you probably already know, DUI is a very serious offense, but when faced with one while serving in the military, it means the consequences can and usually are much more severe.
If someone who is a member of the armed forces finds him or herself facing a Military DUI charge, there are a number of differences regarding a military charge compared to a civilian charge. The first difference is that when a person is in the military, their case is tried in a military court, which has a different criterion for evaluating the state's legal blood alcohol level.
In fact, in a military court, if the blood alcohol limit is lower than the state's legal limit, it does not necessarily matter. While this may seem surprising, it is because if the military court feels that the blood alcohol level was high enough to impair the ability of the person driving a vehicle, thus they can be charged with an offence.
Intoxicated in the Army, Navy, etc. is defined as the presence in the blood of any amount of alcohol, however small. It is very possible for a service person to be DUI or DWI even if a Breathalyzer or blood alcohol test discloses that the blood alcohol concentration is considerably below the state's legal level.
While it's always best to have an attorney represent you in any case which must go to court, unlike a civilian arrest and charge, a military court tries the military offence. What that means to the person in the armed service is that their attorney must understand law for their particular branch, and the special procedures which go with a military DUI.
In addition, when appearing in a civilian court case, the case may stretch out over a long period of time, whereas in a army offence, the courts move much faster. Besides being over quicker, the sentencing can be more severe.
For example, in a civilian drunk driving trial, most sentences are focused on community service, jail time, fines, loss of license, and taking classes on avoiding drunk driving. In the case of the armed forces, it's the court that decides on sentencing and can result in anything from dishonorable discharge, to a rank reduction, pay deduction, loss of security clearance, fines, and imprisonment.
Anyone in the military facing one of these serious charges can expect that it will destroy their career in whatever office they may hold. The reason is because a dishonorable discharge usually and often occurs when a person is arrested for drunk driving, and that means a career in the military will probably end.
There are times when the relationship of the service person with their commanding officer can have an effect on the end result, but more often than not, an alcohol related arrest bears great consequences. If a person in the faces a court-martial because of these charges, their good name, along with their civil service career, benefits, and freedom are at great risk.
More than likely, a positive alcohol test will lead to the end of a honorable career in addition to federal conviction and jail time. It is for that reason that a good attorney should be there to represent any person in this critical position.
It can help a client receive an acquittal or possibly a reduced sentence thereby saving their jobs, and their reputations. If you are facing a charge similar to this, talk to a good lawyer immediately about how to proceed from here.
