Colorado Springs Criminal Defense Attorneys

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What Can Happen If You’re On Active Duty And Get A DUI

August 2, 2017

Dealing with a DUI, on or off a military base, can be difficult and disheartening to say the least. Knowing that you got behind a wheel drunk and trying to come to terms with your decision can leave you feeling a variety of emotions, including frustration, guilt and fear about how your career and future will be impacted. Here at Murphy & Price, LLP, we understand that you are in the midst of a trying time, and we are equipped to assist you legally. The DUI services we offer could be of help to you, whether you’re in the middle of dealing with a DUI charge on or off a military base.

In a past blog, we provided a general overview of the consequences you could face if you get charged with a DUI on a military base, whether you’re on active duty or you’re a civilian. Today, we’re going to dissect this topic even further and discuss what could happen if you’re on active duty and you are arrested for a DUI, either on a military base or off. If you have found yourself in a situation like this and are in need of a lawyer’s expertise, our DUI lawyers at Murphy & Price, LLP can be of assistance to you.

Off Base

If you are a uniformed service member and have been caught drinking and driving off a military base by a civilian police officer, you might be wondering if you will be facing a court martial. The answer is no. You will likely not face a court martial for the same crime. That being said, as a service member you could still face consequences on the military base. The military can issue non-judicial punishment for civilian crimes or decide to dismiss or separate you from the military.  It is up to your commanding officer to take any corrective actions, like putting you in substance abuse treatment.

On Base

If you are on active duty and are charged with a DUI due to drinking and driving on a military installation, the consequences you could face are much more severe. The Uniform Code Of Military Justice, Section 911: Article 111 states that any person operating a vehicle under the influence in the military is subject to court martial punishment. You could also face charges in the federal court system because military installations are federal property.  You will be issued a citation to appear in the United States District Court (or federal magistrate court) near you.  While you may not be facing civilian criminal charges, the state could take away your driver’s license and can enforce non-criminal penalties. Your commanding officer can also enforce any other disciplinary actions they deem appropriate or necessary.

If you’re on active duty in the military and have been charged with a DUI either on a military base or by a civilian law enforcement officer, our DUI lawyers at Murphy & Price, LLP can assemble a defense for you. During this confusing time for you as a uniformed service member, it is critical to explore all the options available as soon as possible to create a defense for your DUI case to get your DUI charges dropped. Don’t hesitate to schedule a free consultation with us today.

Why Choose Us?

We know that one size doesn’t fit all. That’s why our attorneys are committed to offering advice tailored to the legal needs and goals of our clients. We place a premium on building long-standing relationships and on achieving the goals of our clients in a reasonable and timely manner. Contact us to find a lawyer for your situation.