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Dayton DUI Attorney Charles Rowland > Posts tagged "UCMJ"

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

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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. ...

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Wright-Patterson Air Force Base DUI?

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...

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Military DUI: Must I Self-Report? by Richard T. Brown USAF Judge Advocate (ret)

One Strike and You’re OUT. An Update on the Self-Reporting Requirement.  The military has always been the employer of last resort.  When the economy is good the military is hard pressed to meet recruitment.  When the economy is bad the military can and does get very picky.  Today the civilian authorities seem to agree that the best place to cut federal spending is the military.  Force reduction has been policy in the past and will be again in the future.  The self-reporting requirement is a force management tool.For the individual member the best advice is not to self- report.  As a...

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