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Military Dui


California is home to 32 military bases, many of which are located in areas surrounded by bars and clubs. Having dealt with DUIs from service members stationed at Camp Pendleton and the Naval Base, San Diego specifically comes to mind. Military members as well as civilians should know that DUIs are treated differently if a drunk driving arrest occurs on a military base. Furthermore, if a military member is arrested for a DUI, they may face additional ramifications from their commands.

Military bases are federal lands and crimes occurring on them are subject to federal laws. Specifically, the Code of Federal Regulations states that a person can be charged with a federal DUI if they are:

1.) unable to safely operate a vehicle because they are under the influence of alcohol, drugs, or a combination of alcohol and drugs,

2.) they have a BAC is .10 grams or more of alcohol per 100 milliliters of blood, or .01 gram or more of alcohol per 210 liters of breath, or

3.) the person could be charged under the state law if the state law is more restrictive than the above standards. Federal courts, not state courts, have jurisdiction over crimes in violation of the Code of Federal Regulations. Although federal law governs the case, the Assimilative Crimes Act allows the court to impose the penalties from the state in which the military base is located.

If you are a military member and you receive a DUI on a military base, in addition to facing federal DUI charges, you may also be court martialed and subject to the Uniform Code of Military Justice. A court martial may result in further penalties including suspension of favorable personnel actions, reduction in pay and rank, reprimand, denial of promotions and leaves, and possible dishonorable discharge.

If a DUI occurs off of a military base in California, both military members and civilians face the typical state DUI charges under California Vehicle Code section 23152. Military members however may face non-judicial punishment, also known as NJP, under Article 15 of the Uniform Code of Military Justice which allows commanders to discipline military members without a court martial. Although an NJP is not a criminal conviction, it can result of in many of the same punishments as a court martial.

So if you find yourself singing “You’ve Lost That Lovin’ Feelin’” after a night of drinking and need to get back to Miramar for flight training in the morning, be sure to have Goose call you a cab.

The post Military DUI appeared first on Law Offices of Taylor and Taylor - DUI Central.

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