DUI Offenses
Military DUI Charges Defined
It does not matter where you are located; you are not allowed to operate a motor vehicle or heavy machinery if you have been under the influence of alcohol. The United States can deliver harsh penalties for those arrested and charged with DUIs, especially if you are a repeat offender.
Some facts or details will weigh heavily on the outcome of your DUI defense case:
- You were under the influence of alcohol
- You were under the influence of a drug
- BAC or blood alcohol content at .08% or higher
- You must have been operating some vehicle in an area where the public is present
- A field sobriety test deemed you unfit to operate or drive the vehicle
- Whether the offense was committed on or off base
You may risk losing your driving privileges and freedom and face the added requirement of paying expensive fines. As a service member, a DUI conviction can be grounds for separation from the military. A military DUI lawyer from our team can provide you with experienced legal representation and will defend you aggressively against the accusation.
A Military DUI Lawyer You Can Trust
The Federal Practice Group has defended numerous service members over their careers and is dedicated to protecting the rights of military members in criminal cases, including charges of DUI. Defending your rights can be daunting, and you do not want to fight his battle alone.
Our military criminal defense experience comes with great insight into the procedures and laws surrounding DUI cases. Contact our team today.
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Frequently Asked Questions
It is suggested you seek an attorney the moment you are notified of possible disciplinary action. There is a wide range of disciplinary action a service member might face, and the consequences of those actions vary greatly. A military law attorney can discuss the possible consequences, and how best to proceed in your particular case.
Service members have the right to always remain silent. This right is listed in Article 31(b) of the Uniform Code of Military Justice. The natural inclination is to explain why you are not guilty of the allegation. However, the military will always try to use the statement against the service member. For this reason, we always advise clients to exercise their right to remain silent under Article 31(b). The military cannot use your right to remain silent against you.
You always have the right to consult with an attorney. Depending of the type of investigation or disciplinary action, you may also have the right to have an attorney present with you. It is best to discuss your particular situation with a military law attorney to understand if that right applies to you.
Yes, each one of the branches has a Court of Criminal Appeals. If you receive either a punitive discharge or in excess of 1 year of confinement, you have the right to an automatic appeal. Just like at the Court-Martial, you will have be detailed a military appellate defense counsel.
Yes, most service members will be entitled to either an administrative separation board (or, if an officer, a Board of Inquiry). Each branch requires the service member to have been in a certain number of years before they can request to appear before a Board. If you are entitled to a Board, you will have the right to appear with a defense counsel, and present a defense before three Board members.
It depends on what the legal issue, and how you are able to challenge the legal issue. The military law attorneys at FPG have represented service members at trial that resulted in a not-guilty verdict. These clients were able to continue their military career as though the Court-Martial never happened.