Driving under the influence is a severe crime in the civilian world. The stakes are higher if you’re from the Armed Forces. Why? Many service members spend time operating vehicles, aircraft, and vessels, and they’re expected to handle them with great care.
Military service members made an oath to become exemplary model citizens who respect the law. The consequences of drinking and driving can be steep.
But what exactly is a military DUI, and what are the possible consequences a military service member might face for committing this crime? This article will explore how military authorities punish DUI in the military and more.
Contents
What is DUI in the Military?
A DUI is short for driving under the influence. A DUI is committed if a person is found to be operating a vehicle while their blood alcohol content (BAC) is above the legal limits set by the law. For this to be determined, a civilian police officer usually conducts a breath analyzer test to determine that person’s BAC.
In the US, the legal limit is 0.8%. If someone’s BAC is above this level, they’re eligible to be charged with DUI.
In the military world, drinking and driving is a violation of Article 111: Drunken or Reckless Operation of Vehicle, Aircraft, or Vessel of the Uniform Code of Military Justice (UCMJ). According to the UCMJ, service members are eligible for military DUI charges if they get caught drinking and driving on or off base.
Like in the civilian world, driving under the influence is an intolerable offense by military standards. A DUI conviction can have long-lasting effects on a person’s life, not only in the military but beyond.
In general, there are three types of drunk driving in the military:
Service Member Arrested On Base
In cases like this, the guilty party will be tried in a military court as stipulated in the Uniform Code provided in Art 111 Section 911 of the Military Justice Law. They will be subjected to face a court martial and adverse administrative penalties. In cases like this, the service member won’t be required to be tried by a civilian court.
Service Member Arrested Off Base
Suppose a service member is proven to be guilty of drunk driving outside a military installation or base by civilian authorities and given DUI charges. In that case, they’re to be tried at civilian courts. On the other hand, that person’s commanding officer is also authorized to issue administrative penalties concurrently with the civilian courts.
Apart from the criminal charges as decided by a civilian court, the guilty party can face additional penalties like corrective training, getting their pass privileges revoked, and a mandatory substance abuse treatment program. In addition, the military is authorized to charge that person with other offenses related to the DUI case.
Civilian Arrested On Military Base
If this happens, the guilty party will be tried in a federal court, not a state civilian court. The laws of the state where the incident occurred will also be considered when the conviction is determined. This is because no existing federal DUI statutes apply to civilians.
Given how strict things are in a military installation, how can this crime even happen? This type of DUI charge usually involves a service member’s family member, their friends, or civilian employees working on that base.
Military Laws and Regulations on DUI
What qualifies as a Military DUI? According to the UCMJ, three elements must be considered before a service member is found guilty of violating Article 111: First, the service member should be physically controlling or operating a vehicle, aircraft, or vessel wantonly or recklessly.
Secondly, they should be proven to be in a drunken state. Lastly, they should be in an impaired state because of controlled substance consumption. If a service member is found guilty of all three elements, they will be punished according to the laws of military justice.
Civilian Impact of Military DUI
The service member involved in the DUI incident may be subject to face state or military prosecution, depending on whether the incident happened on or off base. If the incident occurred off base, the defendant’s commanding officer may punish that person with administrative penalties. These penalties may include the following:
- Revocation of pass privileges
- General Officer Memorandum of Reprimand (GOMOR)
- Mandatory enrollment in an alcohol abuse treatment program
- Corrective training
Depending on the severity of DUI offenses, military courts might issue administrative actions such as:
- Almost certain removal of security clearance status
- Automatic suspension of on-post driving privileges
- Disciplinary pay reduction and demotion
- Disputed entitlement to military pension and other benefits after leaving the service
- Disqualification from possible promotions and reenlistment
- Enrollment in a substance abuse treatment program
- GOMOR
- Separation proceedings may occur in case of a second offense within a year. The guilty military member may receive a less-than-honorable or dishonorable discharge.
Military authorities, like commanding officers, aren’t the only ones authorized to punish guilty military members. Some common penalties DUI charge offenders may be subject to include:
- Revocation or suspension of driving privileges
- Probation
- Mandatory installation of an Ignition Interlock Device
- Jail time
- Fines
- Community service
Military Administrative Penalties
Administrative actions are issued when a military member is charged with DUI. While an administrative action is considered a penalty, it’s not as bad as being subject to a court martial. The DUI incident might also prompt additional punishment due to the crime. Administrative actions include the following:
- Reinlistment denial. After the military personnel’s service period, they commonly reenlist for active duty. People with a military DUI on their permanent record won’t be allowed to reenlist for the military.
- Mandated substance abuse treatment. Commanding officers can require the guilty party to enroll in a substance abuse treatment program.
- Letter of Reprimand. A general officer is usually tasked to complete this formal document, but that person’s commanding officer may also be in charge. This letter talks about one’s actions and indicates what punishments are to be expected.
- Administrative grade reduction. This would depend on the person’s rank and the commander who approved the reduced grade.
Punitive Penalties
In severe cases, military service members may be subject to punitive penalties. These may include a court martial and a non-judicial punishment as provided in the UCMJ’s Article 15. A court-martial is a judicial court wherein military service members are tried for severe crimes. According to Article 111 of the UCMJ, DUI charges can warrant a court martial.
Military service members are subject to the laws and regulations stipulated in the UCMJ. A military officer may not require a judicial hearing in minor DUI cases. UCMJ’s Article 15 permits the defendant’s commanding officer to determine whether the accused is guilty.
How Can Military DUI Impact a Service Member?
Unfortunately, having a DUI on one’s military record can have long-lasting and severe consequences. DUI charges may indefinitely impact a person’s future. Here are some possible effects of getting charged with a DUI:
- Difficulty in finding work in the civilian world. Job opportunities will be limited for people with DUI charges on their permanent record. Some employers may refuse to consider them despite their other qualifications.
- Loan acquisition. It isn’t easy to get loan approval if you don’t have an income or proof of employment.
How Can You Defend Yourself Against a Military DUI Charge?
What if you’re already charged with driving under the influence? Regardless of whether the incident happened on or off base, you should enlist the services of a law firm that specializes in this type of issue. Here are some defenses a military attorney may use:
- Inaccurate sobriety tests. A test is required to prove that the military personnel was indeed guilty of drunk driving and posing a risk to others. A good DUI attorney would know if the results were accurate or not. The prosecutor may lose the case if it’s proven that there were testing issues.
- No probable cause for alarm. It should be proven that the guilty party was drunk and disorderly on the road. If there was no probable cause for arresting that person and they were tested, the court won’t accept any proof presented.
Conclusion
Getting DUI charges, especially if you’re in the US Armed Forces, can have severe consequences. That’s why you should understand the repercussions of military DUI cases. More importantly, you should be responsible while drinking or driving. To learn more about life in the military, explore the SCRACVS website further.
FAQs
What does DUI mean in the Army?
DUI stands for driving under the influence. This means that a member of the Army is guilty of drunk driving either on or off base.
What kind of discharge is a DUI?
It depends on the case. Severe cases may prompt a dishonorable discharge, but that’s not always true.
Will the military take someone with a DUI?
It depends on the case and the service branch. People with DUI charges won’t automatically be disqualified for military service.
What happens when a military member gets a DUI?
The consequences would depend on the case. They may be subject to administrative actions, civil penalties, and/or punitive charges.
Can you lose military retirement for a DUI?
Yes, getting a dishonorable discharge as a by-product of a DUI conviction can prompt them to lose their retirement. However, this would depend on the penalties.
What is the Army regulation for a DUI?
A DUI is a violation of Article 111 of the UCMJ. This article details the consequences of getting charged with a DUI.