Military members arrested for DUI (either on-base or off-base) can face military consequences in addition to the civilian consequences of jail time, fines, probation, & alcohol treatment. A DUI lawyer experienced with defending military members is best equipped to protect your rights and fight the charges.
Military Penalties for DUI
If you have committed what the military deems as a minor disciplinary offense (such as a first-time DUI), you may be charged with an Article 15 Non-Judicial Punishment. Non-judicial punishment does not constitute a criminal conviction but is placed on your service record.
Article 15 punishments can include:
- Admonition or reprimand
- Arrest in quarters
- Restriction
- Forfeiture of pay
- Correctional custody
- Reduction
- Extra duties
At Joint Base Lewis-McChord (JBLM) or Naval Base Kitsap, a DUI could also result in the following military consequences:
- Loss of security clearance
- Deployment restrictions
- Loss of future promotions
- Dishonorable discharge
- Substance abuse treatment requirements
DUI Inside JBLM Military Gate
If you were arrested for DUI by the military police, your case will be filed in Federal Court (U.S. District Court in Tacoma), regardless of whether you are active duty or a civilian. If you are a member of the military, you can also be charged in a military court under the Uniform Code of Military Justice.
DUI Outside JBLM Gate
If you were stopped outside the military gate by the Washington State Patrol or a sheriff’s department, your case will most likely be filed in Pierce County or Thurston County District Court. If you were stopped by Tacoma PD or Olympia PD, your case will very likely be in Tacoma or Olympia municipal court.
Federal Court DUI vs WA State Court DUI
Although there are procedural differences, federal courts will apply WA State law. However, federal courts will often not approve jail alternatives such as electronic home monitoring (EHM) or work release programs. Probation requirements are typically more onerous in WA State courts.
Will I lose my driver’s license?
Once arrested for DUI, your privilege to drive off base will be revoked unless you request a hearing with the WA State Department of licensing, win the hearing, and avoid a conviction in the criminal case. If you are a member of the Army, Navy, or Air Force you could also lose your on-base driving privilege, once your commanding officer is notified.
How can I avoid the consequences & penalties?
A reduction of your charge that avoids a DUI, or a complete case dismissal are some of the most beneficial resolutions. An experienced Military DUI Attorney can review your case and identify favorable legal issues, potentially saving you from a conviction and license suspension, as well as protecting your military or civilian career.
At Beckwith DUI Law, we have successfully defended over 1000 soldiers and airmen from Joint Base Lewis-McChord as well as sailors from Naval Base Kitsap. We are proud to represent military members in Federal Court as well as local courts in Lakewood, Tacoma, Olympia, Bremerton, and throughout the Puget Sound. Call us today for a free consultation and ask for our active-duty military discount.
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