Military DUI convictions carry more severe penalties than civil convictions. Sentences can result in dishonorable discharge, demotion, deductions in payment, fines, or imprisonment. For someone hoping to make a career in the military, this can certainly end with discharge. As a general rule, the military disapproves of any criminal activity, including DUIs.
Will you be kicked out of service for DUI? Probably not, although you can expect a DUI to affect your rank, salary level, and military career. If you are looking for an aggressive and experienced DUI lawyer in Vista, go with this DUI law firm. Soldiers have been arrested and charged with DUI crimes for sleeping in the driver's seat, or having the engine running to play the radio or running the heat. If you were arrested and convicted of violating the laws described in California Vehicle Code (CVC) section 23152, your DUI charge will count against you.
In essence, unless there is a crisis or the country is in a state of total war, there is not much chance that your DUI exemption will be accepted. If you have been charged with DUI, your first stop should be your military defense attorney (ADC). The overwhelming number of DUI cases will be prosecuted in civil courts and military authorities will not seek jurisdiction. If you are charged with a DUI in civil court or under the UCMJ, you will need an experienced military attorney in dui defense on your side.
To reinstate their driver's license after a DUI incident, military and civilians must complete training as soon as possible, take recovery driver training, and hold a U.S. driver's license before they can obtain a letter from the garrison commander recommending the reinstatement. In the event of a violation of these rights during court proceedings or any other military criminal proceeding, your DUI lawyer can take advantage of it to have your case dismissed or to negotiate minor penalties for you. This explains why you need to hire a highly qualified DUI lawyer as soon as you are arrested for DUI, not only to protect your legal rights but also to protect your reputation on the force.
In addition to the usual DUI penalties, civilians in San Diego and California generally receive a driver's license suspension, probation, and permanent criminal records. Once the civil case is concluded, the military could also file the same DUI charges against the offender. In addition to that, the military can also try the DUI offender with other crimes related to the DUI crime, such as disorderly conduct. As with other aspects of a DUI case, make sure to hire an attorney who has some experience and can guide you through the civil process.