Wright-Patterson AFB OVI / DUI Attorney
Located conveniently near Wright-Patterson Air Force Base, Charles M. Rowland II has successfully represented active-duty military, contractors, and civilian employees since 1995. He knows how to deal with issues of deployment, security clearances, loss of rank, loss of on-base driving privileges, and issues related to out-of-state licenses. If you find yourself arrested for OVI in or near Wright-Patterson Air Force Base, and you are required to appear in the United States federal court or the Fairborn Municipal Court, contact Charles Rowland today. Call (937) 318-1384 for a free consultation, 24/7, and ask about discounts for service members.
Our office is located adjacent to Wright-Patterson Air Force Base in Fairborn, Ohio. Charles M. Rowland II has testified as an expert witness in evidential breath testing for the United States in DUI court-martial proceedings and has served as a city prosecutor responsible for handling DUI prosecutions. He regularly appears in the United States District Court on cases involving DUIs on federal property, and in all Ohio civilian court jurisdictions, on behalf of the accused. He is uniquely positioned to help.
Where Will My Wright-Patterson OVI Case Be Heard?
The majority of on-base arrests for a Wright-Patterson Air Force Base OVI are prosecuted by the local United States Attorney’s Office. These cases proceed under the authority of the Assimilative Crimes Act (ACA). The ACA provides that when a person commits an act on a federal enclave, such as a military base, that is not a violation of any federal law but is a violation of the laws of the state in which the enclave is located, that person may be prosecuted in federal court and subjected to similar state punishment. In practical terms, an OVI on Wright-Patterson Air Force Base is prosecuted in federal court, but Ohio OVI law is applied, so you generally face the same penalties you would under Ohio law.
You will know you are being prosecuted because you will receive a summons to appear at the United States District Court for the Southern District of Ohio. That court sits in downtown Dayton, across the street from the Montgomery County Courts Building. An OVI arrest that occurs near, but not on, the base may instead be heard in the Fairborn Municipal Court. An attorney who is experienced in both the federal and Ohio civilian systems can explain which court applies to your case and what each one means for you.
Military or Civilian Jurisdiction, or Both
Jurisdiction over a DUI at Wright-Patterson Air Force Base may be military, civilian, or both. The overwhelming number of DUI cases are prosecuted in the civilian courts, and the military authorities do not seek jurisdiction. Punishment under the Uniformed Code of Military Justice (a court-martial or an Article 15) is not available to the military if the civilian authorities are prosecuting your DUI case. That remains true even if your civilian case is later dismissed or reduced.
If you have been charged with a DUI, your first stop should be your military area defense counsel (ADC). The ADC provides confidential advice, can work alongside your civilian DUI defense attorney, and usually has a good sense of how the local court handles these cases. You should talk with the ADC even if you have a civilian attorney, because they can prepare you for any administrative action the military may impose. If the military takes jurisdiction and proceeds under Article 15, you are entitled to free representation through the Area Defense Counsel. If you choose to hire a civilian attorney, that is at your own expense, and the ADC cannot represent you in civilian court.
What Military DUI Punishments Are Available?
If the military takes jurisdiction of your case, there are two forms of punishment. The first group is UCMJ proceedings, which include Non-Judicial Punishment (NJP) and judicial punishment (courts-martial).
Commanders can levy NJP under Article 15 of the UCMJ. (The Air Force and Army call these “Article 15s,” the Navy and Coast Guard call the action a “Captain’s Mast” or “Mast,” and the Marine Corps calls it “Office Hours.”) Under NJP, a commander can inquire into the facts, hold a hearing, and either dismiss the charges, impose punishment under Article 15, or refer the case to a court-martial. NJP punishments can include an official reprimand, extra duty, restriction to limits, forfeiture of pay, and reduction of grade.
If you are stopped on the installation, or the civilian authorities are not prosecuting you, you can still receive a court-martial under Article 111 of the UCMJ, which covers operating or physically controlling a vehicle, aircraft, or vessel while impaired. Court-martial punishments can include forfeiture of pay, reduction in grade, confinement, and dismissal from the military.
What Administrative Actions Are Available?
Even when your DUI case is prosecuted in the civilian courts, the military can still take administrative action against you. These actions can include:
- Letter of reprimand. A formal document from a superior, usually a general officer, detailing the wrongful conduct. Although less severe than a court-martial, it can be career-ending because it remains in your record and can affect promotion.
- Revocation of pass privileges. Your commander can revoke your ability to go on leave, often until the civilian proceedings or any UCMJ punishment is complete.
- Mandatory referral to a substance abuse treatment program through your branch’s program.
- Corrective training intended to address deficiencies and avoid formal discipline in the future.
- Administrative reduction in grade, depending on your rank and the approving commander’s rank.
- Bar to reenlistment, which denies the opportunity to reenlist after your current service is complete.
Can an Out-of-State or Federal OVI Be Used Against Me?
One recurring question from military personnel is whether a federal or out-of-state DUI can be used to enhance a Wright-Patterson OVI. At one time they did not count. Now, however, offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A). Defense attorneys challenged the retroactive application of the statute, but the courts have held that because it serves only as an enhancement, it meets constitutional standards. See State v. Morrison, 2003-Ohio-3244. This makes experienced counsel especially important for service members who move frequently and may have a record from more than one jurisdiction.
Why Charles M. Rowland II Is Uniquely Positioned to Help
It is a source of pride that Charlie has worked with military counsel and area defense counsel. He has been a city prosecutor, an arbitration hearing officer, a lecturer, and a teacher, and he has testified as an expert witness for the United States in DUI court-martial proceedings. He dedicates his practice exclusively to impaired-driving defense, regularly appears in the United States District Court and in every Ohio civilian court in the Miami Valley, and has represented soldiers and civilian employees connected to Wright-Patterson Air Force Base since 1995. He offers a free, face-to-face consultation because nothing is more important than sitting down and talking through your case.
Why Trust Charles M. Rowland II
Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges.
He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense.
He was the first attorney in the United States to earn a certificate in Forensic Sobriety Assessment, and in 2007 he was the first private attorney in Ohio certified on the Intoxilyzer 8000 breath-testing machine. He has been qualified by the United States government as an expert witness on evidential breath testing and has testified in court-martial proceedings. He is a lecturer on OVI defense to police agencies, attorneys, judges, and students, and he taught OVI trial practice at the Greene County Peace Officer Training Academy for over fifteen years.
Charlie is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, and the American Bar Foundation.
What Clients Say
“Mr. Rowland is an excellent DUI lawyer. Mr. Rowland was our Son’s lawyer recently and from the first meeting with him we felt confident in his ability to be able to help our son. Mr. Rowland was straight forward, honest and kept us informed. Mr. Rowland stressed to us to trust him completely which we did. We could not have asked for a better outcome for our Son. Mr. Rowland came through in a fantastic way. Thanks Mr. Rowland and Staff for all your help. We will definitely refer Mr. Rowland to anyone he is the best.”
Google Reviews
Visit Us
Charles M. Rowland II, DaytonDUI 2190 Gateway Drive, Fairborn, OH 45324 (adjacent to Wright-Patterson Air Force Base) Phone: (937) 318-1384 (available 24/7)
Frequently Asked Questions about Wright-Patterson Air Force Base DUI cases
Where is a Wright-Patterson Air Force Base OVI heard?
An OVI that occurs on base is generally prosecuted in the United States District Court for the Southern District of Ohio, which sits in downtown Dayton. The court applies Ohio law through the Assimilative Crimes Act, so the penalties are generally the same as a state OVI. An OVI near the base but not on federal property may be heard in the Fairborn Municipal Court.
Can the military punish me if the civilian court handles my DUI?
The military generally cannot impose UCMJ punishment (a court-martial or Article 15) while the civilian authorities are prosecuting your DUI. However, the military can still take administrative action, such as a letter of reprimand, revocation of pass privileges, mandatory substance abuse treatment, administrative reduction in grade, or a bar to reenlistment.
Will an out-of-state DUI count against me in Ohio?
Yes. Under Ohio Revised Code 4511.181(A), OVI offenses received in another state or on federal property now count for enhancement purposes. This is one reason experienced counsel matters for service members who move frequently.
Do you represent civilians and contractors, not just active-duty military?
Yes. Charles Rowland has represented active-duty military, contractors, and civilian employees connected to Wright-Patterson Air Force Base since 1995.
Free Consultation
If you were arrested for OVI in or near Wright-Patterson Air Force Base, call Charles M. Rowland II at (937) 318-1384 for a free consultation, 24/7.