If you are in the US Military and get a DUI, the stakes are very high. That is because on top of any penalties you may face in civilian court, you also have to take into account military punishment.
Military code 10 U.S. Code § 911 – Art. 111 covers drunk driving and it states that anyone who violates that code is punishable as a court-martial directs. This means that a soldier can face a court-martial even if the incident occurred off duty in a private vehicle.
When it comes to servicemen and women, the penalties and consequences they face in the military are far more devastating than those they face in civilian court. Take for example the story of a Sergeant in the U.S. Army who was arrested for a DUI while on duty in Germany.
A breathalyzer test revealed Sgt Smith’s blood-alcohol content level to be 0.083. The legal limit in Germany is 0.05. For those involved in an accident, the limit is 0.03.
His command was notified, and he received a general officer letter of reprimand, filed in his official record.
“That’s going to haunt me for the rest of my career,” Smith said.
He was also punished with a field grade-level Article 15, “Commanding Officer’s Non-Judicial Punishment,” from his command, which reduced his rank from E-5 to E-4.
“I went from a supervisory pay grade to a junior enlisted pay grade,” Smith said. “That’s a huge drop.”
It took Smith more than a year to regain his rank, estimating that he lost more than $8,000 in basic pay.
Furthermore, Smith faced the hard reality of the stigma attached to a DUI. So much so, that his unit requested his separation.
Additionally, his unit requested that he be separated from the Army for misconduct. As an NCO with six years of service, Smith was entitled to a separation board made up of his superiors. He was recommended for retention, based on his performance record.
However, he still struggled to be accepted back into his unit. “The guys were telling me that I wasn’t fit to wear the uniform,” Smith said.
Once back at work, Smith was often called upon to talk about his experience, as an example. “It was very, very demeaning to be called out time and time again in front of a large group of people,” he said.
“I still have a stigma to this day with certain superiors,” he added.
The direct legal penalties are even harsher if the incident occurs on an installation. According to Capt. Megan Mueller, special assistant U.S. attorney for Fort Rucker’s Office of the Staff Judge Advocate:
Any individual on the installation that is pulled over for suspicion of DUI and cited, that person will have his or her driving privileges suspended on post for a period of one year, regardless of conviction. There are ways to reverse the decision in instances that the case is dismissed, she added, but for the most part the suspension will stick.
She goes on to point out:
A conviction will stay on your criminal record, so if you’re a Soldier in the Army and you move to another state, the conviction will still be visible on your record,” she said. “For the General Office Memorandum of Reprimands (GOMOR), when a commanding general [issues them], he decides whether or not it will be filed into a Soldier’s local file, which is shredded or destroyed once a person leaves Fort Rucker, or if it will go into his permanent file, which will follow the individual for the rest of his career.
There is Hope
While you will need a JAG Officer to represent you in front of the military, The McShane Firm is the right choice to represent you in civilian court. Our commitment and track record speak for itself and we will work hard to secure a positive result in your case. A positive result can help the proceedings on the military side just as a bad conviction can hurt.
At The McShane Firm, we understand what is at stake here. We understand that above all you want to protect your military career. We are all professionals as well and have families like you do. We care about how this issue will affect you today and down the road.
Honorable servicemen and women of the U.S. Armed Forces like you have chosen The McShane Firm because of our experience and scientific knowledge. They found us to be a life saver for them in a critical time.
If you want The McShane Firm fighting on your side then call us today at 1-866-MCSHANE for your free case consultation.
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