Military DUI Attorney in King County, WA
Strategic DUI Defense for Active-Duty Service Members
If you are a service member and have recently been arrested for a DUI, you are probably feeling overwhelmed about what to expect moving forward. A military DUI can result in a unique set of legal issues that civilians do not encounter. In most instances, clients have concerns about facing prosecution in both civilian and military courts for the same DUI offense and about how a conviction could affect their careers.
Being charged with a DUI can be frightening enough without having to worry about how being in the service plays a role in your case. The most effective way to find answers is to seek legal representation from a qualified military DUI attorney,
The Curtis Firm is a King County law firm that is committed to helping clients resolve their legal issues. If you are worried about the potential consequences of a military DUI, contact our law office today to schedule a free strategy session.
Can I be Charged Twice for the Same DUI if I am in the Military?
The most common concern for military members is whether they can be charged twice for the same DUI. The principle of double jeopardy prevents you from being tried twice for the same crime in the same court system. But the rule does not apply to the separate jurisdictions of Washington state and the military.
For example, suppose you were arrested off base for a DUI. In that case, you would face charges in a civilian court. Even so, your commanding officer (CO) still has the authority to impose Article 113 from the Uniform Code of Military Justice (UCMJ), which could result in the automatic loss of base driving privileges for one year, a letter of reprimand, loss of pay, reduced rank, or involuntary separation. Under Article 111, you could also be court-martialed.
If you were arrested on base, your case will most likely be heard in Federal District Court, but Washington state DUI laws would still apply. Being arrested on base could also result in a court-martial while your case is being tried. Even if your criminal charges are dismissed, the military still has the authority to pursue an involuntary separation.
Is My Military Career Over if I Am Convicted of a DUI?
Being charged with a DUI while you are in the military can have severe repercussions not only in terms of criminal penalties but also when considering how it can affect your career. Because a DUI must be reported through proper channels, it may have resulted in a negative perception of your trustworthiness. Other collateral consequences may include reduced rank or pay, loss of your security clearance. You most likely would also be required to participate in mandatory rehabilitation.
While a first-time DUI offense would not necessarily end your military career, it would prevent you from receiving a promotion or from reenlisting while your case is making its way through the criminal justice system.
If you are charged with a second DUI offense, it could trigger mandatory administrative separation processing, which ends your career. A DUI on base is punishable under the Uniform Code of Military Justice, which could result in jail time and a dishonorable discharge. If the DUI caused others to suffer injuries or if you registered a high blood alcohol content (BAC), the likelihood of being discharged increases.
Does the Military Provide Me With a Civilian Lawyer to Fight My DUI Charge?
If you have been charged with an off-base DUI, you must hire your own civilian lawyer, although JAG can offer advice. When searching for a civilian lawyer, you need to hire one who understands the legal complexities of military crossover issues.
A legal assistance attorney from JAG can offer you advice, but is not authorized to represent you in criminal court. However, if your case ends up in a court-martial, you will be appointed a military defense attorney at no cost to you. You also have the right to hire a civilian attorney who handles military law, who can work alongside your military counsel.
Finding an experienced criminal defense lawyer to handle your drunk driving case is essential for protecting your legal rights and military career.
What are the Criminal Penalties if I Am Convicted of a Military DUI?
If you are convicted of a military DUI, you face significant civilian and military penalties, as it is considered a serious criminal offense.
Civil Court Penalties
If convicted in a civilian court for a first-time DUI, you will be sentenced to serve a mandatory one-day jail sentence that could be extended if you registered a high BAC or 15 days of electronic home monitoring (EHM), a 90-day to one-year license suspension, and one year ignition interlock device (IID). You will also be ordered to pay a steep fine.
Just as with other civilian drunk driving cases, penalties and fines increase with each subsequent offense.
Military Penalties
Even if a civilian court imposes criminal penalties, you could still face military sanctions.
If handled as a court-martial, a military DUI could result in a federal conviction.
Conviction of a military DUI under Article 111 of the UNCMJ imposes severe penalties such as:
- Dishonorable or bad conduct discharge
- Administrative separation
- Mandatory substance abuse treatment
- Confinement/Imprisonment, up to 18 months, depending on the severity of the offense, if a minor was in the vehicle, or if you have prior offenses
- Total or partial forfeiture of pay and allowances
- Reduction in rank
A military DUI could also be handled through Article 15, a non-judicial punishment also called Captain’s Mast. Even though this process is not a criminal conviction, it could result in you having to perform extra duty, being restricted to the base or ship, a reduction in rank, and forfeiture of pay.
How Will a DUI License Suspension Impact My Military Career?
If you are a service member who has recently been charged with a DUI, you are probably concerned about your driving privileges. Just as anyone else who is arrested for DUI, you risk losing your license. Even if your DUI occurred on base, it could still initiate an automatic suspension that crosses over to civilian records.
Once you have been arrested, you have seven days to request a Department of Licensing (DOL) hearing to challenge and try to prevent an automatic license suspension. It makes no difference if your case has not made its way through the legal system, as the DOL and criminal/military courts work separately from each other. Even so, a military on-base DUI can end in your license being suspended for 12 months, but it can also be challenged in an administrative hearing.
No matter whether you were arrested for a DUI on or off base, you cannot afford not to hire an attorney who understands the legal nuances involved with military and civilian courts and any crossover that may occur.
What are the Legal Benefits of Hiring a Military DUI Defense Attorney?
Facing a DUI charge while you are in the military presents a wide range of legal complexities that are best handled with the help of a skilled attorney. Only an attorney familiar with the nuances involved in handling civilian and UCMJ proceedings can offer the legal representation you need to protect your military career and driving privileges.
One of the primary goals of an attorney who is handling military DUI defense is to try to prevent you from being dishonorably discharged, along with avoiding civilian penalties. Your attorney will also act as your legal advocate to help prevent pay reductions, demotions, or administrative separation.
One of the first actions your attorney will take is to review the evidence to identify the strengths and weaknesses of the case. For example, they could challenge the accuracy of the field sobriety and blood and breath tests. Even more importantly, they can work to minimize the impact your charges may have on your security clearance or future promotions.
Just as a civilian DUI will not resolve itself, you also need legal representation for a military DUI. Due to the potential for severe civilian and military penalties, you must seek qualified legal representation at once. Your DUI attorney can advise you of your rights and begin building a defense strategy to safeguard your interests.
Contact Our King County Law Firm Today to Get Started on Your Defense
The Curtis Firm is dedicated to helping military members who are facing life-changing DUI charges. Our DUI defense lawyer, James Curtis, is a former prosecutor who brings a unique insider’s perspective to all the cases he handles for clients. Mr. Curtis maintains professional relationships with current prosecutors and judges and uses his years of legal experience to assist clients when they need it most.
If you are ready to start working on your defense or have questions about our military DUI services, contact our King County law firm today at 253-649-2426 to schedule a free strategy session.