Military DUI: FAQ’s For Active Duty Soldiers Who Face A DUI Charge

If you are an active duty soldier and receive a military DUI (drunk driving) charge, you may face civilian DUI penalties or military DUI punishment. This article will describe what military penalties are available and under what circumstances they are invoked. https://youtu.be/ekx44mzHy3kWho Will Prosecute My Military DUI?The overwhelming number of DUI cases will be prosecuted in the civilian courts and the military authorities will not seek jurisdiction. Punishment under the Uniformed Code of Military Justice (court martial/Article 15s) is not available to the military if the civilian authorities are prosecuting your DUI case. This is true even if your DUI case gets dismissed or reduced. ...

16 August

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Wright-Patterson Air Force Base DUI?

Posted by Dayton DUI

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Who Has Jurisdiction Over the Wright-Patterson Air Force Base DUI? Jurisdiction over DUI charges at Wright-Patterson Air Force Base may be military, civilian or both. When both entities file charges, they often coordinate to determine which will prosecute the offense criminally. Because he or she is always subject to the UCMJ, an offender cannot be tried twice criminally. But because he or she is always subject to the UCMJ, they may face both civilian and military administrative punishment.The place of arrest and the authorities involved typically dictate jurisdiction. An active-duty serviceperson arrested on-base and charged with DUI faces one or more of...

04 February

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Active Duty DUI? What Law Applies?

Posted by Dayton DUI

in DUI Law, Uncategorized

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...

07 February

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Military DUI: What Happens Now?

Posted by Dayton DUI

in DUI Process

The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations. Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law. We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of an OVI offense. This limits the ability of commanding...

Non-Judicial Punishment Tag

Military DUI: FAQ’s For Active Duty Soldiers Who Face A DUI Charge

Wright-Patterson Air Force Base DUI?

Active Duty DUI? What Law Applies?

Military DUI: What Happens Now?

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