Driving under the influence (DUI) of alcohol or drugs in California is a serious offense no matter who you are. However, being arrested for DUI can be especially problematic if you are currently serving in the United States military. In addition to worrying about penalties through California’s criminal justice system, active-duty military service members will also face consequences through the military. Details such as where the offense took place; if an accident was involved and if so whether anyone was injured; and if this is a first offense are all crucial factors that will determine how your case proceeds from a legal standpoint and may influence the overall outcome of your case.
If you or a loved one are a member of the military and have been arrested and charged with a DUI in California, more than likely one of your primary concerns is whether you will be kicked out of the military. The unfortunate reality is that being convicted of a DUI as an active-duty service member is a serious issue that can potentially lead to being discharged from service.
Your best chance of avoiding this fate is through the counsel of an experienced Orange County, California DUI lawyer like the skilled criminal defense attorneys at The Law Offices of Bryan R. Kazarian who understand what is at stake to that active military member.
What is a military DUI?
When a person who is currently serving in the United States military is arrested for driving under the influence of alcohol or drugs, this is known as a military DUI. A military DUI can occur on a military base or off base in a civilian area. The location of the DUI is critical as it determines the types of consequences the accused may face.
- Being arrested for DUI on base: If the military police arrest a service member for DUI on base, the service member will face charges under Article 111 of the Uniform Code of Military Justice. If found guilty, the consequences may include administrative action and could even result in a court martial. Although a service member who is arrested for driving under the influence while on base and charged under Article 111 may not face criminal charges in a civilian court, they still must deal with state administrative penalties imposed by the California Department of Motor Vehicles.
- Being arrested for DUI off base: If civilian law enforcement arrests a service member for DUI while the service member is not on base, the service member will face criminal charges under California Vehicle Code section 23152. Any person who drives a motor vehicle while under the influence of an alcoholic beverage/drugs and/or whose blood alcohol content (BAC) is 0.08% or higher is in violation of California’s strict DUI laws. Additionally, a service member who is arrested for DUI off base may face serious repercussions within the military justice system.
In either scenario, it is important that you have a skilled Orange County, CA DUI attorney on your side, specifically a criminal defense attorney who has experience handling DUIs of enlisted military service members in California.
Penalties of a DUI for military members
The State of California has strict laws in place regarding driving under the influence of alcohol or drugs. So does the U.S. military. Under California law, any person who is convicted of a DUI can face serious penalties. Those penalties can range from costly court fines of up to $10,000, to confiscation of their vehicle, as well as jail or prison time, probation, or suspension or revocation of their driver’s license. The penalties depend on the specifics of the case, including the driver’s age, blood alcohol level (BAC), if there was a collision, if someone was injured, if they were operating a commercial vehicle, their criminal history, as well as the type of driver’s license they hold.
Being convicted of a military DUI carries penalties of its own, up to and including a dishonorable discharge. Once again, where the arrest takes place, whether on the base or off is key to the types of penalties levied. A DUI arrest off base will be tried in the civilian criminal court, rather than through the military justice system. However, the military may still levy its own penalties.
If you are arrested for DUI on a military base as an active-duty service member, you will not face criminal charges in civilian court (although you will face administrative penalties from the Department of Motor Vehicles). Instead, you will be charged under Article 111 of the Uniform Code of Military Justice, which, if convicted, may result in two types of punishments: non-judicial punishment and judicial punishment.
Non-judicial punishments for military DUI on a base include:
- Mandatory enrollment and completion of a substance abuse treatment program
- Extra duty assignments, which may include additional duties, longer hours, or weekend assignments
- A formal letter of reprimand detailing your offenses and punishment, which will be added to your official military record
Judicial punishments for military DUI on a base include:
- Demotion or loss of rank, which includes the rescinding of any promotion earned over previous years of service
- Reduction of pay grade, meaning your military salary will decrease
- Dishonorable discharge from the military, which includes the loss of any military pension and benefits to which you would otherwise be entitled
Can a DUI lead to your expulsion from the military?
Simply put: Yes. A DUI conviction can lead to your expulsion from the military. A dishonorable discharge from any branch of the armed forces will result in the loss of your military benefits and may permanently mar your reputation. Speaking with an experienced Orange County, CA DUI attorney is absolutely critical if you or a loved one has been arrested for a DUI in California while actively serving in the military.
What is a Military DUI Diversion Program?
California law allows active-duty military members and veterans who have been arrested for DUI to enter a pre-trial diversion program instead of facing prosecution. A Military DUI Diversion Program is essentially a temporary suspension of prosecution. If the offender successfully completes the program, he will not face criminal penalties. In fact, upon successful completion of a diversion program, the criminal court case will be dismissed and sealed and the arrest upon which the diversion was based shall be deemed to have never occurred.
Eligibility for the Military DUI Diversion Program
According to Section 1001.80 of California law, the Military DUI Diversion Program only applies to misdemeanors including misdemeanor DUI charges, and to offenders who “may be suffering from sexual trauma, traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), substance abuse, or mental health problems as a result of his or her military service.”
Being arrested on suspicion of DUI in California is stressful under any circumstances. However, if you or a loved one are facing these charges as a member of the U.S. military, it can be even worse. The best way to deal with these charges is with a skilled Orange County, CA DUI attorney like those at The Law Offices of Bryan R. Kazarian fighting aggressively on your behalf. Our attorneys are experienced in defending clients against all DUI charges, including DUIs as a veteran or actively serving in the military. We understand the nuances of both the civilian criminal justice system and the effect a DUI conviction will have on your military status. We know what is at stake for you, so we build a strategic defense and do everything we can to help ensure the best possible outcome.
Contact an experienced Orange County, California DUI attorney today
If you or a loved one has been arrested for DUI in Orange County, CA, especially an active military member or veteran, we stand ready to fight for you. We begin by listening to the circumstances of your case before identifying the right strategy to achieve a positive outcome. As attorneys, we speak with people every day who have made mistakes or decisions that they regret and we never pass judgment. Give us a call today at 855-918-4523 or contact us online for a confidential consultation about your case. We look forward to fighting for you.
