Posted by duijim in on April 16, 2024
An arrest for DUI can have severe repercussions for military careers and civilian employment opportunities alike.
Finding yourself charged with DUI while serving in the military could result in court-martial. Commanding officers may issue punishments that run concurrent with any civil court actions against the service member.
Administrative Actions
Military members must uphold an even higher standard of conduct than civilians, and therefore the penalties for DUI in the military are more stringent. A conviction could wreak havoc with their career and have lasting repercussions that go well beyond criminal court proceedings.
In cases where a service member is arrested on or off base and charged with DUI, according to Article 15 of the Uniform Code of Military Justice they may take administrative actions concurrent with their state criminal case – this may include extra duties, letters of reprimand, reduction in grade or other forms of non-judicial punishment.
The military takes an extremely stringent stance against DUI charges for those looking to join, especially Officer Candidate School. Anyone seeking enlistment should clear any outstanding DUI charges prior to starting their enlistment process by paying all applicable fees and fines, serving jail time, completing community service hours or alcohol treatment, as well as attending mandatory DUI classes.
Court-Martial
Military members are expected to operate motor vehicles, vessels and aircraft safely for service members’ missions, yet driving under the influence can severely reduce this ability and negatively affect both their career as well as family life.
Commanding officers have the authority to impose punishment on service members without conducting a full court-martial trial, thanks to Article 15 of the Uniform Code of Military Justice (UCMJ), which permits commanding officers to conduct investigations, allow individuals an opportunity to present their cases, and decide on what form of non-judicial punishment to use.
When a commander orders a full court-martial hearing on any issue, it will include a military judge and panel of service members as jurors in the case. Both sides can present evidence, cross-examine witnesses, and have attorneys represent them at this proceeding. Eventually, the panel will render its decision regarding guilt and penalties which could include confinement, pay cuts or even involuntary separation.
Military Courts Have Jurisdiction Over Service Members
Driving under the influence is an offense in everyday society; but for service members it takes on even greater significance. They have taken an oath to serve their nation with honor and must uphold and respect its laws – driving under the influence is an act that goes against military regulations and rules.
If a service member is arrested off base for DUI, their chain of command has the ability to take appropriate measures against them – including non-judicial punishments that mirror civilian penalties.
Dependent upon the severity of a case, non-judicial punishments could include correctional custody, loss of pay, extra duties or restrictions; for repeat offenders court martial is also an option; conviction will stay on record and could make finding work or getting security clearance difficult, severely restricting opportunities and impacting one’s ability to provide for their family.
Military Courts Have a Zero-Tolerance Policy for Drunk Driving
Military service members often must operate motor vehicles, vessels and aircraft as part of their duties. The military holds its personnel to high standards and expects them to act responsibly while on duty – this includes refraining from drinking and driving.
As per Article 111 Section 911 of the Uniform Code of Military Justice (UCMJ), when service members are arrested on base for DUI they will likely be tried by military courts under Article 111 Section 911 and can face adverse administrative actions as well as court-martial. Depending on their rank these could include letters of reprimand; pass privilege revocation; mandatory alcohol treatment programs or even reduction in grade depending on how serious their offenses were.
When considering whether recruits should join the military, character is of great importance in making its determination. Individuals convicted of DUI may not pass initial screening process but military officials will take all factors into consideration in making their final determination.