San Diego Military DUI Lawyer Explains What to Say When Arrested to find out more click here.
DUI VC 23152 A while Active Duty Military – Do I Tell My Command?
Should I report being arrested for DUI to my command? Always the first of many questions heard when San Diego Defenders is called on the 24/7 phone (619) 258-8888 hotline. Lawyer Daniel Smith says as a general rule “It depends” on how you get along with your command that has a lot to do with the need to keep your position filled with qualified sailors or marines. The rule of thumb is if you are arrested and booked in jail (and have to bail out) your command will know within 24 hours. So tell your command that you have been arrested but your lawyer says you are “constitutionally presumed innocent” and it will take anywhere from 10 days to a few weeks to get the police reports to your Command – to say anything more, you really are guessing and you want to be honest. Keep it short.
Dan Smith, the supervising attorney at San Diego Defenders’ grandfather was a sergeant in the Army WWI and survived sinking on a troopship in the Irish Sea going to France he later became a lawyer during the Prohibition. Dan’s father was an enlisted sailor that actually tested into the Naval Academy and ended up as a criminal court judge for 20 years in Arizona. Needless to say, Dan Smith graduated high school 1975 the Vietnam war ended, worked, and ended up a third generation lawyer in 1990.
Dan Smith and Jon Pettis (combined 50 + years experience) have represented hundreds of active military over the years. If you are active military, the first rule is “don’t tell your friends” and then call San Diego Defenders to tell us. We will then tell you how to tell your Command you are following your lawyer’s instructions. In most cases, our active military client was not driving poorly but the police officer suspected you are military and found a reason to pull you over, then the police may be only guessing your BAC was .08% or greater. And Defenders may get your case dismissed.
If in a minor accident and hit a parked car with only property damage, insurance will cover it while we work on the rest. If there is a possibility of injuries to others, your lawyers has advised you not to make a statement because you are not a medical professional. In all cases San Diego Defenders handles, we will take on the duty to keep your command informed.
In all cases, Call San Diego Defenders immediately at (619) 258-8888 because we will need to act within only 10 days to save your license – even if yours is out-of-state. It is more complicated for active military which sometimes works in our favor.
In all cases your command will consider Non-Judicial Punishment (NJP). But that is not the end of your criminal case even if it is a misdemeanor DUI or assault. There is a lot to consider which may affect your future in the military and even if you administratively separated (Admin Sep,) finished your contract, or got the “Big Chicken Dinner.” We can help advise you and that may help us resolve your case in Civilian State Court or CVB the Central Violations Bureau in downtown Federal Court which all affects you later on in top secret security job or less.
Misdemeanors, felonies, state, federal crimes are all possibilities and we know how important it is to get legal help now even if you are restricted to base. We have affordable fees and payment plans that every sailor, soldier or marine can call cheap if they want. But you can afford the best experienced lawyer team that are very close to North Island and 32nd Street where you can park outside the office and come on in and talk to us. www.SanDiegoDefenders.com download our free app off the website and tell your friends to do the same. It may save your career!