29 July

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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

in Uncategorized

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...

09 August

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Military DUI? Who Will Punish You?

Posted by Dayton DUI

in DUI Law, Uncategorized

If you get a military DUI you can be punished by three different (and overlapping) authorities. The first potential punishment comes from the civilian courts. It includes a loss of driving privileges, fines, incarceration and other possible penalties. Typically, these punishments occur after being stopped on suspicion of drunk driving while outside the military base. In addition, the military cannot administer action under the UCMJ for the same offense if you are being charged by civilian authorities. This applies regardless of the outcome of the civilian case. This blog has a section devoted to the various punishment and their consequences.Read our...

05 October

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An Out-of-State OVI Offense Enhances A Wright-Patterson OVI

Posted by Dayton DUI

in DUI Process

An Out-of-State OVI Offense Enhances A Wright-Patterson OVI Babb & Rowland and DaytonDUI proudly serve the military community in and around Wright-Patterson A.F.B.. One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a Wright-Patterson OVI. At one time they did not. Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A). DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets...

13 July

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Do I Have To Report An Air Force DUI?

Posted by Dayton DUI

in Uncategorized

We frequently receive questions about an active-duty service members requirement to report an Air Force DUI arrest to his superiors. We rely upon a decision (HERE) from the United States Navy, Navy Admin 373/11, which states that, in light of the decision in U.S. v. Serianne: 1. THIS NAVADMIN AMPLIFIES REF A, WHICH REVISED ARTICLE 1137 TO REF B TO INCORPORATE AND EXTEND REF C. THIS NAVADMIN ALSO AMENDS REFS D THROUGH J, AS NOTED BELOW.2. CRIMINAL CONVICTIONS. PER REF A, U.S. NAVY REGULATIONS NOW REQUIRE THAT ALL PERSONS IN THE NAVAL SERVICE SELF-REPORT CRIMINAL CONVICTIONS, INCLUDING FOREIGN CONVICTIONS.3. CIVILIAN ARRESTS AND...

08 October

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Wright-Patterson Air Force Base DUI Arrest?

Posted by Dayton DUI

in Uncategorized

What do I do if I have a Wright-Patterson Air Force Base DUI (drunk driving) arrest?My practice is proud to serve the military community in and around Wright-Patterson A.F.B.. One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a DUI they get here in Ohio. At one time they did not. Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A). DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have...

07 March

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Montgomery County, Ohio OVI Attorney

Posted by Dayton DUI

in Ohio Counties

If you are arrested on suspicion of OVI in Montgomery County, Ohio, your case will be heard in one of these courts. Montgomery County Court of Common Pleas. This court hears all felony level cases including aggravated vehicular homicide, aggravated vehicular assault and felony-enhanced DUI offenses. The Court is located in the Montgomery County Courts Building at 41 N. Perry Street in downtown Dayton. The Judges who serve the Montgomery County Court of Common Please are: Dennis Adkins, Steven Dankof, Barbara P. Gorman (Administrative and Presiding Judge), Mary Katherine Huffman, Dennis J. Langer, Frances E. McGee, Timothy N. O’Connell, Connie S. Price, Gregory F. Singer, Michael L. Tucker, and Mary Wiseman. You can contact...

30 August

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Prior DUI Offenses (Federal and Out-of-State)

Posted by Dayton DUI

in DUI Process

My practice is proud to serve the military community in and around Wright-Patterson Air Force Base. One of the recurring questions we get from military personnel is whether or not a federal or out-of-state DUI can be used to enhance a DUI they get here in Ohio. At one time they did not. Now, however, the offenses received in another state or on federal property do count. See Ohio Revised Code 4511.181(A). DUI defense attorneys challenged the ex post facto application of R.C. 4511.181(A) but the courts have held that since it serves only as an enhancement it meets constitutional...

31 October

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

Posted by Dayton DUI

in DUI Law, Uncategorized

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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