San Diego Navy, Marine, Army & Air Force DUI Defense
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f found guilty of DUI, members of the Military face even more severe penalties than the civilian population. The Uniform Code of Military Justice determines penalties for military personnel convicted of Drunk Driving. Additional DUI penalties can include loss of security clearance, loss of rank and/or revocation of driving privileges.
WHO IS AFFECTED?
a. Members of the armed forces who are on duty at the time of offense
b. Members on non-duty status at the time of the offense (the UCMJ can still apply, depending on the provisions of state military law.)
c. Members of a reserve component
d. Retired members of a regular component of the armed forces who are entitled to pay
e. Retired members of a reserve component who are receiving hospitalization from an armed force
f. Persons in custody of the armed forces serving a sentence imposed by a court-martial
g. Members of the National Oceanic and Atmospheric Administration
h. Members of the Public Health Service
i. Members of other organizations when assigned to and serving with the armed forces
j. Members of the armed forces awaiting discharge after expiration of their terms of enlistment
k. Volunteers from the time of their acceptance into the armed forces
l. In time of war -- persons serving with or accompanying an armed force in the field.
m. Members of the Army National Guard are subject to civilian criminal law, even if they are on an active duty base. The only time that a National Guard member is subject to the UCMJ is when they are in federal service.
Unlike civilian courts, the armed forces do not have permanently established trial courts for prosecuting military members. Courts-martial (military criminal trial courts) are convened on an as-needed basis by Convening Authorities, who are military commanders.
The Uniform Code of Military Justice Definition of DUI:
“Any person subject to this chapter who
a) operates or physically controls any vehicle, aircraft or vessel in a reckless or wanton manner or while impaired by a substance or
b) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol in the person’s blood or breath is in excess of the applicable limit under subsection
c) shall be punished as a court-martial may direct.” 10 U.S.C. § 911.
Under this code, the limit on alcohol concentration in a person’s blood or breath is either the blood alcohol content limit under the law of the state in which the conduct occurred (for operation of a vehicle, aircraft, or vessel in the United States), or, for operation of a vehicle, aircraft, or vessel outside the United States, the maximum blood alcohol content limit is .10 grams of alcohol per 100 milliliters of blood.
Military Impairment Measures
A blood alcohol concentration below the legal limit does not guarantee the avoidance of a drunk-driving conviction. For military justice purposes, intoxication is the presence in the blood of any amount of alcohol sufficient to impair the rational exercise of the mental and physical faculties required for vehicle operation. Results of chemical tests indicating the presence of alcohol in the blood will be considered along with other evidence of intoxication (e.g., observations of law enforcement officers).
Although the military justice system grants individuals the same basic rights as civilians, the seriousness of a DUI / DWI charge and the potential of severe sentences deems it highly recommended that a person accused of a DUI / DWI obtain the counsel of an attorney experienced in California DUI law as well as military DUI law. Be aware that military courts move more rapidly than civilian courts, it is therefore critical to consult a knowledgeable DUI attorney as quickly as possible to ensure that proper counsel is obtained early in the drunk driving case process.
John E. Dui is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 1-800-522-6700 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.