What Happens When Soldiers Are Arrested Off-Base for DUI?
Most likely, state law and procedures apply in these situations. However, the defendant could face additional punishment under the Code of Military Justice.
Contrary to popular myth, the defendant usually doesn’t have a duty to report the incident to a commanding officer. So, there’s a good chance that the defendant could escape any military punishment, such as loss of a security clearance or other privileges. However, don’t count on it. COs often review court dockets and other sources.
If the DUI becomes a UCMJ matter, for whatever reason, state law and UCMJ law are very similar in this area. The biggest exception is that DUI is a UCMJ felony as opposed to a misdemeanor.
Additionally, no matter where the trial takes place, military defendants usually need a private Tampa criminal defense lawyer. JAGs cannot represent Soldiers in most state courts or state/CUMJ hybrid proceedings.
Direct DUI Consequences for Military Servicemembers
Liberty and driving restrictions are two of the most common direct DUI consequences for military servicemembers.
A DUI conviction usually means extended, strict court supervision. Mostly for political reasons, many state court prosecutors have little bargaining power during pretrial settlement negotiations. Instead of making a good faith settlement offer, they must normally tender a “take it or leave it” offer that usually doesn’t account for possible defenses in the case.
Largely for this reason, a Tampa criminal defense lawyer must launch an equally protracted defense. This strategy usually includes at least one evidence suppression hearing. Having evidence declared inadmissible, therefore making it almost impossible for prosecutors to meet their burden of proof, is usually the only effective defense strategy in a state or federal DUI case.
The judge usually adds an IID requirement to the conditions of probation. An Ignition Interlock Device is basically a portable breathalyzer that’s attached to the vehicle’s ignition. If the driver provides a sample above a pre-set limit, usually a 0.04 BAC, the vehicle won’t start or re-start.
Other driving restrictions, such as an SR-22 auto insurance requirement, often effectively take defendants off the road. High-risk SR-22 insurance is so expensive that it effectively makes safe, legal driving impossible.
Indirect DUI Consequences for Military Servicemembers
In terms of indirect consequences, many servicemembers face loss of privileges, including loss of security clearance. The good news is that the Fifth Amendment’s due process clause applies to such matters. The DoD cannot take adverse action against a security clearance without providing notice of the proceeding and giving the defendant an opportunity to be heard.
An alcohol problem is an area of concern under DoD Directive 5220.06, which contains the relevant rules in this area.
However, a DUI is usually indicative of a judgement issue as opposed to an alcohol issue. At the aforementioned hearing, a Tampa criminal defense lawyer has the opportunity to show that the security clearance-holder does not have a serious medical problem and that whatever problem exists is under control, usually because the defendant is attending an alcohol education or similar class.
Work With a Dedicated Hillsborough County Attorney
DUIs usually have unique direct and indirect consequences for military servicemembers. For a confidential consultation with an experienced Tampa criminal defense lawyer, contact the OA Law Firm. Convenient payment plans are available.
Source:
tsa.gov/disqualifying-offenses-factors
