Active Duty DUI? What Law Applies?
If you get an Active Duty DUI charge what law applies and where will you be punished? This article (which owes a nod to John Hunsucker and the Hunsuker Legal Group, NCDD Winter Session 2015) explores where your case will be heard and what law applies.
The Uniform Code of Military Justice (UCMJ) applies to all active service members and all active duty DUI cases, regardless of where a crime occurs. However, jurisdiction over DUI charges may be military, civilian or both. When both entities file charges, they often coordinate to determine which will prosecute the offense criminally. An offender cannot be tried twice criminally, but because he is always subject to the UCMJ, he may face both civilian and military administrative punishment. The place of arrest and the authorities involved typically dictate jurisdiction .
A serviceman arrested for DUI on-base may be prosecuted under the Uniform Code of Military Justice by the administrative sanctions of an Article 15 NJP; a combination of NJP and a non-military federal prosecution; or an Article 32 court-martial. (Major Aaron L.
Lykling, The Disposition of Intoxicated Driving Offenses Committed by Soldiers on Military Installations, Army Law., Jan. 2013, at 8.) The most common course of prosecution for an on base active duty DUI is NJP combined with federal prosecution under the Assimilated Crimes Act (ACA). (Id.) This combination of punishments has been challenged as a violation to the Double Jeopardy Clause of the Constitution. (William G. Phelps, Assimilation, Under Assimilative Crimes Act (18 U.S.C.A. § 13), of State Statutes Relating to Driving While Intoxicated or Under Influence of Alcohol, 175 A.L.R. 293 (2002)). Courts-martial for on-base DUI’s are rare.
(Lykling, supra, at 8). A serviceman who is arrested for DUI while not on his assigned base or post (off-base) is subject to the local state laws and punishments as well as the military-imposed Article 15 nonjudicial punishment (NJP).
Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.
“All I do is DUI defense.”