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Quick Overview of Military DUI and Possible Consequences
Driving under the influence is a grave offense for military personnel. So, get acquainted with the what and the how of DUI and potential charges, and see if you need to hire a criminal attorney San Diego.
What constitutes DUI in the state of California
It is illegal to operate a motorized vehicle while under the influence of alcohol in California. There are two main age categories for this offense.
If you’re under the age of 21, it means the policy of zero tolerance. So, any higher that 0.01%, and you’re performing a DUI offense.
If you’re over 21, you are allowed a level of 0.08% of alcohol in your blood. You mustn’t operate a motorized vehicle with a higher amount than that.
Drivers of commercial vehicles are allowed blood alcohol level of only 0.04%, no matter their age. If you need more information, always contact a criminal attorney San Diego.
What is military DUI
The term military DUI denotes an instance of an active member of military personnel driving while under the influence of alcohol. Either military punitive charges or civilian criminal charges may ensue. There are two types of military DUI – on base DUI and off base DUI.
On base military DUI
If any active member of the military is taken in by military police for on base DUI, charges will be raised in accordance with the Uniform Code of Military Justice, Article 111.
Under this Article, a military member is subject to court martial and administrative action for the DUI offense.
These circumstances would not bring about criminal charges in a civilian judicial system, but there would still be consequences of administrative penalties by DMV.
Off base DUI
If civilian authorities are to arrest an active service member for DUI, the California Vehicle Code comes into action.
This law states that it is illegal to operate a motorized vehicle if a person has 0.08% and more alcohol in the bloodstream. It is highly unlikely to be charged and prosecuted by court martial. Instead, there are likely to be criminal charges in civilian criminal court. However, the command can always reach a decision for further action against the individual.
What are most common military consequences
There is a great chance of military consequences for every member of active duty personnel driving under the influence.
The chain of command of said individual is certain to find out the time of the booking and perform a thorough background check. They will perform an inquiry into the specifics, and create their own punishment determination.
To face military criminal trial alone is an ill-advised idea. Make an attempt to hire a professional criminal attorney San Diego who understands all the nuances of military procedures. Such a person can help you avoid judicial military punishment.
Administrative action and court-martial
When found guilty for the offence of on or off base DUI, you can be faced with either adverse administrative action or court martial.
Administrative action results in a non-judicial punishment. Possible scenarios include mandatory treatment for substance abuse, assignment of extra duty, invoking of various on base restrictions, and a formal letter of reprimand. This letter goes on your permanent military record and can mean not getting a new contract or a promotion.
If your case reaches court martial, you are liable for pay grade reduction, pay forfeiture, loss of rank, separation proceedings, or being sentenced to the brigs.
The best criminal attorney San Diego for military DUI charges
Vik Monder of Monder Criminal Lawyer Group is best at what he does, and is currently the leading criminal attorney in San Diego. His references are impeccable, and his integrity unparalleled. If you are a member of active military personnel, caught while driving under the influence, contact us as soon as possible for a free consultation, as we can surely help your case.