What happens if I am in the military and I get a DUI? By Daniel Smith

If you are enlisted, and receive a first time misdemeanor DUI (no one was injured), unless you have other problems in your jacket, there are usually three possible scenarios for someone in the military who gets a DUI.  If you were arrested off base, the case will be prosecuted by the civilian authorities in State Court.  If you were arrested on base, the military can either refer the case to the United States Attorney’s office for prosecution in Federal Court or can handle the matter on base with a hearing officer.

The best possible scenario is having the matter handled on base.  You will still face losing driving privileges on all military installations as well as having the matter go into your jacket as an ARI (alcohol related incident), but you will not face civilian punishment and your driving privileges off base should not be affected.  If you end up in court, the State Court punishment is much more severe than in Federal Court where DUI's are treated almost like traffic tickets.

If you or a loved one are charged with a DUI off base and would like to speak with an experienced attorney for a free and confidential consultation, please call our office at (619)258-8888.