san diego military dui lawyer

coast guard, navy, army, air force & marine dwi defense

The primary laws and penalties imposed on members of the military pertaining to drunk driving are governed by the Manual for Court Martial (MCM) and the Uniform Code of Military Justice (UCMJ), as well as civilian penalties and consequences, if the enlisted person is ultimately convicted of DUI.

The UCMJ, passed by Congress, and the MCM enacted by a Presidential Executive order, often subjects service personnel to much harsher castigation, or Non-Judicial Punishment (NJP), above and beyond the maximum punishment allowed by law in the case of a civilian DUI offense with similar circumstances, ie, a first time drunk driving offense with no prior criminal history.

To further exacerbate the Military defendant's situation, the manner in which the Commanding Officers manage and mete out punishment for DUI is sometimes inconsistent or unpredictable.

Conversely, in some rare special circumstances cases, a member of the Air Force or Coast Guard could be excluded from civilian prosecution if the DUI offense occurs within a nonconcurrent jurisdiction excluded by a 1956 Department of Defense Policy; Federal Law 40 U.S.C 255.

criminal dui case + dmv admin per se sanctions + military court martial

Each branch of the armed services metes out serious disciplinary repercussions and loss of privileges for DUI & alcohol related misconduct.

Skill and mastery of military and criminal law will require a proven and demonstrable track record on behalf of your defense lawyer, who will need to fight the cases individually based on which authority and statutes govern each particular jurisdiction.

Proactively retaining an expert defense attorney well versed in Civil and Military Code is the single, most essential action you can take on your own behalf to lessen the impact your arrest could otherwise effect on your career and financial stability, and freedom.

Your defense requirements could encompass up to three separate battles; the civilian charges in criminal court, the admin per se sancions imposed by the California DMV, and the court martial proceedings, if applicable.

military vs. civilian dui

While a DUI case tried in criminal court can span several months, or even years for more serious and complicated offenses, a DUI prosecuted by the armed forces will be proceed expeditiously in comparison.

The civilian consequences, if convicted of DUI, typically include one or a combination of up to several types of punishment such as financial penalities, confinement in jail or prison for a serious or subsequent offense, community service, victim restitution, if applicable, mandatory drug and alcohol classes, and potential driver's license suspension or revocation.

When a member of the Military is subjected to court martial law if found guilty of DUI, the military advocate judges are not bound by maximum sentencing guidelines and authorize the power to impose drastic salary forfeiture and financial penalities, and may, at their discretion subject the enlisted defendant to strenuous and fatiguing physical labor and go as far as confining the defendant and restricting his food intake to a diet of bread and water.

experienced san diego military defense lawyer

Whether you are active duty and possibly facing an other than honorable discharge due to a driving under the influence arrest, please call our law offices as soon as possible to begin evaluating and planning for your defense. We are available 24 hours per day, 7 days per week at 619.231.7412 or simply eMail us for a prompt and confidential response.