To the military personnel, driving under the influence (DUI) is not an ordinary traffic violation, but it is a direct attack on their esteemed service. In addition, strict state statutes, the Uniform Code of Military Justice (UCMJ), and a guilty verdict could result in a double blow. You could be subject to civilian consequences, including license revocation and jail, and military consequences, including rank demotion, security clearance revocation, or, worst case, a dishonorable discharge.
Do not allow a California DUI to ruin your military career and future. We at San Diego DUI Attorney are ready to provide you with a strong defense specifically designed to address the intricacies that come with military DUI cases.
Critical Steps to Take After a DUI Arrest
A DUI arrest can be disorienting, especially for military personnel, whose livelihoods and liberties are precariously balanced. The moments following the arrest require prompt, informed action to protect your rights and future.
Exercise Your Rights to Remain Silent and to Have an Attorney
The first and most crucial action is to exercise your right to remain silent. Although it may seem simple, any statements made to the police, both during the stop and after the arrest, may be used against you in both civilian court and a possible military trial conducted under the Uniform Code of Military Justice (UCMJ). Even innocent-sounding remarks can be twisted or used to make a case, so politely refuse to answer questions beyond basic identification until you speak with legal counsel. Likewise, assert your right to an attorney immediately. Doing so is not an admission of guilt but a fundamental safeguard that your legal interests will be represented initially.
Request for an Administrative Per Se (APS) Hearing
Beyond the immediate impact of an arrest and interaction with arresting officers, time is of the essence, especially regarding your driving privileges. You have a strict deadline of 10 days to contact the California Department of Motor Vehicles (DMV) to request an Administrative Per Se hearing. This hearing is independent of your criminal court case and concerns specifically the administrative suspension of your license due to the arrest.
Requesting an APS hearing in time offers the chance to contest the suspension and, at a minimum, postpone it so that you can keep your driving rights while your case is being handled.
Document and Preserve Evidence
Although the arrest shock may be overwhelming, you should preserve the evidence because it will be crucial to your defense. Immediately, as soon as you can, record in detail everything that happened in the incident. This involves:
- The actual place and time of the stop
- The events that took place before your arrest, including notes about the officer’s actions, demeanor, and adherence to proper procedures
- Making note of any witnesses that were around
- Recalling your condition, what you had taken, when, and in what quantity
It may seem insignificant then, but later it may become an essential part of your defense. It gives your lawyer the facts necessary to challenge the prosecution’s version of events.
The California Courts vs. The Military Command
The DUI arrest of a member of the military instantly sparks a complicated legal defense on two separate fronts:
- The civilian court system
- The internal disciplinary system of the military
This complex dance starts with California’s jurisdiction, where any DUI arrest, on or off a military installation, initiates a civilian court case. Driving under the influence is a grave violation under the Vehicle Code (CVC) 23152, and the District Attorney’s office will handle the case just like any other civilian DUI. This will subject you to the normal court proceedings, arraignment, pretrial hearings, and possibly a trial. The consequences of a conviction will include a fine, license suspension, DUI education program requirements, and even jail.
At the same time, the military’s jurisdiction comes into play, and with it comes two legal systems you must navigate, namely:
- The Uniform Code of Military Justice (UCMJ), which provides the framework for military law
- Article 111, which covers the drunken or reckless driving of a vehicle
Your commanding officer has the inherent authority to impose administrative action regardless of what may happen in civilian court and punitive actions for conduct that discredits the armed forces or violates military laws and regulations. This dual accountability holds even when a civilian court judge drops the case or imposes a light sentence. The military command can still impose its disciplinary action, which could entail:
- Non-judicial punishment (NJP) under Article 15
- Court-martial
- Reduction in rank
- Loss of security clearance
- Administrative separation from service
The difference between on-base and off-base arrests further complicates the jurisdiction. If the DUI happens on a military installation, the base police or military law enforcement will arrest you, and the case is often subject to the exclusive military jurisdiction. It will be solely prosecuted under the UCMJ. Even in these situations, military authorities usually consult with civilian agencies regarding potential license suspensions.
On the other hand, an off-base DUI arrest, which is far more common, triggers both the civilian court proceeding and an independent military investigation. Although the civilian court will be dealing with the criminal prosecution on behalf of the state, the military command will launch its investigation to decide whether the off-base incident should be pursued under the UCMJ. This is because the DUI affects good order and discipline, or it indicates that the military member is no longer suitable to serve in the military.
Civilian DUI Punishments
A first-time DUI offense is associated with a set of serious consequences, all of which are aimed at preventing impaired driving and providing safety to the population. These are much more than just a routine traffic ticket.
Criminal Penalties
A first-time DUI is usually a misdemeanor, which is punishable by:
- A jail sentence of 48 hours to six months — Although the minimum jail sentence is often suspended in favor of probation for first-time offenders, there is always the chance of going to jail.
- Monetary fines are hefty, with a minimum penalty of $390 to $1,000 — The DUI conviction can cost several thousands of dollars with different penalty assessments, surcharges, and court fees, which make it a heavy financial burden. This is in addition to the fines.
Along with fines and possible jail time, a court will generally offer a term of probation, typically three to five years. On probation, you will be required to abide by specific rules, and the most common ones are:
- You should not drive with any detectable amount of alcohol in your system
- You should not refuse a chemical test
- You should complete all the programs imposed by the court
Driver License Suspension
The first and one of the most apparent effects of a California DUI is the suspension of your driver’s license. There are two tracks of this suspension:
- An Administrative Per Se (APS) suspension by the California Department of Motor Vehicles (DMV) — This is an administrative proceeding that is independent of any criminal court proceedings. Unless you request a DMV APS hearing within 10 days of your arrest, or unless you win the hearing, your license will be automatically suspended for at least four months on a first offense.
- A court-imposed suspension — This will happen should you be found guilty of DUI in criminal court. This is usually a six-month suspension if your current DUI violation is a first offense.
These two suspensions may overlap. However, the DMV’s action can precede a court conviction. This means you could be without driving privileges before your criminal case is even finished.
Mandatory Enrolment in a DUI Alcohol Education Program
When you are convicted of a first DUI offense, the court will order you to attend a state-approved DUI alcohol education program. This is usually a three-month program of 30 hours of instruction for a first offense without any aggravating circumstances. Also known as DUI schools, these programs aim at teaching the offenders about the risks of driving under the influence, the responsible use of alcohol, and the prevention of recidivism.
You are responsible for the full cost of these programs, which can add hundreds of dollars to the total expenses associated with a DUI.
Ignition Interlock Device (IID)
In recent years, California has increased the use of ignition interlock devices among DUI offenders. IIDs, although at one time voluntary in most counties, are now becoming a standard condition throughout the state. This is particularly so if you hope to be granted a restricted driver’s license that would allow you to drive to and from work or DUI classes during the duration of your suspension.
An IID is a breathalyzer installed in your car and linked to your ignition switch, requiring you to blow into it before the car starts. The vehicle fails to start when alcohol is detected.
You will be required to pay to install the IID and service it monthly, which can cost you hundreds of dollars over the standard six months to one year the device remains installed. The device ranges from $70 to $150 for installation and $60 to $90 monthly for leasing the device. The IID mandate prevents repeat offenses and is essential to California’s efforts to reduce impaired driving.
The Military Diversion Program (PC 1001.80)
Military members and veterans with misdemeanor cases, of which DUI cases comprise a significant portion, have a strong alternative to the usual prosecution process: the military diversion program of Penal Code (PC) 1001.80. It is a program that offers eligible persons an opportunity to engage in mental health, substance abuse, or other rehabilitative treatment instead of a criminal conviction.
The philosophy of PC 1001.80 acknowledges that service members face unique challenges and aims to address the root causes of crimes committed by these people because of their military service, and not just to punish them using the criminal justice system.
To qualify to receive this lifesaving option, there are eligibility criteria that have to be fulfilled, particularly:
- You have to be a serving member or a United States military veteran.
- You should be suffering from a mental health condition, including but not limited to traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), substance abuse, or sexual trauma. These conditions must be demonstrably connected to your military service.
- Most qualifying crimes are misdemeanors, and while waiving your right to a speedy trial is not required by law, some courts could request it as a condition for diversion. This is one avenue that can help you when you have been charged with DUI, more so because it gives you a chance to deal with the underlying issues that led to this behavior without having to have a criminal record that will be difficult to expunge.
Although the program presents a great opportunity, it has some exclusionary conditions, which may make you ineligible. For example:
- If you have a prior conviction of some violent or serious felony, you will not qualify for military diversion
- If the court determines you pose an unreasonable risk to the community, despite treatment, it could reject your diversion request
These conditions will keep the program in its intended purpose of rehabilitating suitable candidates without jeopardizing the population’s safety.
The admission process to the military diversion program usually starts with your attorney filing a motion with the court asking to be considered under PC 1001.80. The court will then often order a clinical assessment to be completed by the Department of Veterans Affairs (VA) or a qualified private professional. This assessment determines whether the underlying conditions caused by military service caused or contributed to the misdemeanor offense and what the appropriate course of treatment should be. A court hearing is held where the judge will grant or deny the diversion. If the judge grants it, he/she will dismiss the criminal case.
The ultimate goal is to complete the program, resulting in a dismissal of the criminal charges. After completing the program, the charges are dismissed, and while you may request to seal the record, the arrest may still exist in specific legal contexts, and you could accurately claim that you have not been convicted of the crime.
However, it is crucial to realize that although the criminal charges are dismissed, this does not affect the separate DMV proceeding related to the DUI. The DMV will still administratively suspend your license, independent of the criminal case’s outcome. On the other hand, failure to complete the program, which could happen if you fail to comply with the treatment provisions or commit new crimes, results in the criminal prosecution resuming. You would then be subjected to traditional prosecution on the initial misdemeanor charge, the opportunity for diversion would be lost, and you could be subject to the full scope of penalties.
UCMJ and Military Administrative Actions
A military DUI fits squarely within the provisions of the Uniform Code of Military Justice (UCMJ), Article 111, which covers drunken or reckless driving of a vehicle, aircraft, or vessel.
When you face a DUI charge, you could be subject to any of several ranks of military punishment. A common form is Non-Judicial Punishment (NJP), sometimes called an Article 15 in the Army and Air Force or a Captain’s Mast in the Navy and Marine Corps. This disciplinary measure enables a commander to administer minor punishments without the necessity of a full court-martial. A DUI could mean additional responsibility, confinement to certain boundaries, demotion, or loss of pay. Although these punishments are not a criminal conviction, they are serious and go on your military record.
Beyond NJP, DUI could lead to more serious administrative measures, including administrative separation (ADSEP). You may be dismissed automatically from the service due to misconduct. The type of discharge you receive, for example, honorable, general under honorable conditions, or other than honorable, will be determined by the seriousness of the offense committed and your overall record in the military. Other than honorable discharge, for example, may have a profound impact on your future veteran benefits, as well as civilian job prospects.
In more serious cases, DUI could attract a court-martial, the military version of a civilian trial. This will mostly happen in cases where the DUI was accompanied by aggravating factors like severe injury or even death, or in cases where you have a record of the same offense. A conviction from a general or special court-martial could result in:
- A federal criminal record
- Grave punishment, including jail or prison time
- A punitive discharge, for example, Bad Conduct Discharge or Dishonorable Discharge
- Forfeiture of all pay and allowances
The implications are much more profound and can forever change your life and future.
Regardless of the type of disciplinary action imposed, a DUI in the military will nearly always result in a mandatory substance abuse evaluation referral. Depending on your service branch, you will have to attend either a Substance Use Disorder Clinical Care (SUDCC) program or a Substance Abuse Rehabilitation Program (SARP). This assessment establishes the degree of alcohol misuse and determines the level of treatment needed, which could be as simple as educational lessons or as elaborate as inpatient rehabilitation. This referral is generally required in DUI cases and highlights the military’s commitment to substance abuse intervention and rehabilitation.
How a DUI Can Derail Your Military Future
A DUI could cast a vast shadow on your military career, affecting your chances of having a security clearance, being promoted, or even reenlisting. You automatically jeopardize your career if you lose your security clearance, which is essential in most military jobs. Two of the significant areas that a DUI will cause a review under are:
- Guideline E (Personal Conduct) — This deals with a pattern of dishonest or questionable behavior, of which a DUI may qualify as misrepresentation or failure to report
- Guideline G (Alcohol Consumption) — This deals explicitly with excess alcohol consumption, which could indicate a problem or lead to impaired judgment.
A DUI will also be closely reflected in your service record, impacting your performance evaluations, FITREPs for the Navy or Marine Corps, and EVALs for the Army or Air Force. This blemish can have a significant impact on your promotion prospects. The commanders can see a DUI as a profound failure in judgment and responsibility. Thus, you may not be chosen to hold a leadership role or to participate in attractive assignments. Your professional growth can be slowed down or even stopped entirely since you can be regarded as a burden, not an asset.
Furthermore, a DUI could directly impact your reenlistment eligibility and your ability to get Permanent Change of Station (PCS) orders, particularly overseas. A bar to reenlistment may be issued, meaning you will not be allowed to extend your service once your current enlistment contract is over.
This virtually terminates your military career. In the same way, receiving overseas orders may become impossible, especially in countries with strict DUI laws. The possibility of serving in another country may be taken away because of the assumed chance of repeating the crime and the diplomatic complications that a military DUI could cause in a foreign country.
Building Your Defense
When you are a service member and you are facing a DUI, you enter a complicated legal environment where both state civilian law and the Uniform Code of Military Justice (UCMJ) come into play. This dual jurisdiction requires a “dual-threat specialist,” a civilian attorney with an intricate knowledge of:
- The California DUI laws and procedures
- The peculiarities of the military law
- How a civilian conviction can trigger military repercussions, like Article 15s or administrative separation
A typical civilian DUI attorney will be excellent in state court but will lack the essential knowledge of the military administrative actions, UCMJ proceedings, and how a civilian conviction can cascade into military consequences like Article 15s or administrative separation. Thus, it is vital to find an attorney specifically in California’s military DUI defense to protect your rights on both fronts.
As you search for the right legal representation, you should be ready with a list of pointed questions to gauge an attorney’s expertise. Ask them:
- How many military diversion motions have they argued successfully in California? — This will determine their level of experience with programs that could enable you to avoid a civilian conviction.
- How they will liaise with your military command concerning your case — This deals with your understanding of the military procedures and how you can take the initiative to limit the possible UCMJ measures.
- Their experience defending service members at Camp Pendleton or other military bases in California
- The impact a civilian DUI conviction will have on your security clearance or your ability to be promoted
How a DUI Affects Your VA Disability, Healthcare, and Education Benefits
The immediate effect of a civilian DUI conviction on current VA benefits is usually not significant to veterans. Your disability compensation check, access to healthcare, and education benefits are not usually taken away simply because of a DUI. The root causes of the DUI that might have led to alcohol dependence or mental health issues, however, can be related to your access to VA healthcare. If your DUI is associated with a service-connected condition, then you can have access to VA-provided substance abuse treatment or mental health services.
Although a DUI will not directly cause you to lose benefits, any related legal problems or failure to abide by a court order will indirectly impact your overall status or eligibility to participate in some VA programs.
Find a Military DUI Attorney Near Me
DUI could ruin a military career that you have spent your life establishing. The intricacies involved in dual jurisdiction in civilian law and the UCMJ require expert legal knowledge. Whether you are a service member or veteran facing a DUI, it is not only beneficial but also crucial to find an attorney who is knowledgeable in both military and civilian DUI defense to protect your future.
Secure your career, your benefits, and your peace of mind. Call the San Diego DUI Attorney military DUI defense team at 619-535-7150. We will help you navigate this complex legal position.
