If you are a member of the United States military and have been charged with driving under the influence (DUI), you may face penalties in both the military courts and civilian courts. This dual system can lead to harsh consequences for your personal life and military career.
You need the guidance and representation of an experienced Oklahoma DUI defense attorney. At Fabian & Young, we will guide you through the complicated proceedings and fight to protect your military career and your civilian rights. Call us today to get started.
On-Base vs. Off-Base Incidents
If a service member is caught driving drunk on a military base, they will face charges in military court. The Uniform Code of Military Justice (UCMJ) Section 911 – Article 111 outlines the penalties for this offense. This law prohibits recklessly operating any vehicle, aircraft, or vessel while intoxicated.
It is important to know that even though the case is handled by the military, the state of Oklahoma can still suspend your driver’s license.
For DUI incidents that happen off-base, civilian law enforcement will handle the case in Oklahoma state courts. However, this doesn’t mean the military won’t get involved. Your commanding officer can still take administrative action, such as ordering substance abuse treatment or revoking certain privileges.
Civilian DUI on Military Bases
Interestingly, if a civilian is arrested for DUI on an Oklahoma military base, they will be charged in federal court. These courts often use Oklahoma state DUI laws as a guideline for punishment. This situation usually applies to family members and friends of service members, or civilian employees with base access.
Consequences of a Military DUI
A DUI conviction can have a serious impact on your military career. Some potential consequences include dishonorable discharge, reduction in rank, pay cuts, fines, loss of security clearance, and imprisonment.
These penalties can crush a military career that took years to build. That’s why service members facing DUI charges must seek help from an experienced attorney who understands both military and civilian DUI law.
Types of Military Punishment
When a service member is found guilty of DUI on base, their commanding officer decides how to proceed. There are three main types of punishment:
- Administrative Action: This can include revoking passes, issuing reprimands, or requiring corrective training.
- Non-Judicial Punishment (Article 15): Also known as “Office Hours” or “Captain’s Mast,” this allows the commanding officer to issue penalties without a formal court proceeding.
- Court-Martial: This is the military’s version of a criminal court. There are three types of court-martial: a) Summary Court-Martial: For minor offenses. Penalties can include up to 30 days of confinement, reduced pay, or hard labor. b) Special Court-Martial: For more serious crimes. Punishments may include up to a year of confinement, six months of reduced pay, or dismissal from service. c) General Court-Martial: For the most severe cases. This court can issue the maximum penalties allowed under the UCMJ, including dishonorable discharge.
Legal Defenses for Military DUI
Having a skilled DUI defense attorney is essential whether you are facing military or civilian charges. At Fabian & Young, we will review the facts of your charges and will challenge all appropriate aspects of the prosecution’s case. Some possible defense strategies include:
- Challenging Sobriety Test Results: The accuracy of breathalyzers or blood tests can sometimes be questioned. If the equipment was faulty or proper procedures weren’t followed, the results might be thrown out.
- Lack of Probable Cause: If the arresting officer had no valid reason to stop you, any evidence gathered after the stop might be inadmissible in court.
It’s important to note that even if civilian charges are dropped, the military can still pursue punishment. The standards for evidence and conviction can differ between civilian and military courts.
Contact a Military DUI Defense Lawyer in Oklahoma From Fabian & Young Today
The stakes are high for military members in Oklahoma facing DUI charges. A conviction can mean the end of a promising career and devastating personal consequences. You need help from an Oklahoma military DUI defense attorney who understands both Oklahoma DUI laws and the military justice system.
Remember, a DUI charge does not automatically mean a conviction. With the right defense strategy, it may be possible to reduce charges or even have them dismissed. However, the complexity of dealing with both civilian and military legal systems makes it essential that you retain the services of an experienced Oklahoma military DUI defense lawyer.
We have the experience and skills to help you through this challenge. Contact Fabian & Young today to schedule a free consultation to discuss your Oklahoma military DUI case.