Military DUI Lawyer in San Diego, CA
Defense for Military Personnel Charged with DUI
DUI offenses are serious, individuals in the military are likely to face heightened
penalties and amplified disgrace. The military is held to a higher standard
than civilians and no branch of service goes easy on DUI offenders. The
United States Armed Forces have a zero tolerance policy regarding driving
under the influence, meaning that thousands of soldiers each year find
their lives and careers threatened by DUI charges.
The San Diego area is home to many military bases, such as Naval Station
San Diego, Naval Base Coronado, Camp Pendleton, MCAS Miramar, North Island
Naval Complex, Point Loma Navy Base, and MCRD San Diego. If you have been
charged with a DUI offense while stationed at any of these military bases,
you may find yourself facing
California DMV charges, a DUI criminal trial, and court-martial by your military branch.
Military bases are on federal land and are therefore different than state
lands governed by state law. If you were charged or arrested for DUI as
a member of the military, you should immediately enlist the services of
Mark R. De Yoe. He is experienced in handling these types of cases and
provides the care necessary to get the best results possible for his clients.
Call 24/7 for a free initial consultation.
What Are the Consequences of Military DUI Charges?
Military DUIs do not have a maximum legal sentence, so it all depends upon
the discretion of the court. A DUI in the military can result in a dishonorable
discharge, which will end your career, or you could be unable to advance
in rank or pay grade. Regardless, a military DUI conviction becomes part
of your permanent military record. Other typical consequences can include
being inducted into a military alcohol abuse treatment program, a one-year
revocation of base driving privileges and punishments such as restriction
to quarters, letters of reprimand, and so forth.
In the Navy, most DUI offenders go through a Captain's Mast. In the
Air Force, Army and Marines, non-judicial penalties (NJP) are also common
(also known as "Article 15" or "Office Hours"). While
DUI charges against members of the military are usually handled in state
court as well as the military court system, offenses that occur on a military
base are usually prosecuted in the federal court system. These cases are
usually handled by a Special Assistant United States Attorney, who is
also a member of the branch of the service that controls the base on which
the offense occurred.
Penalties for a Federal DUI in California
Drivers in California agree to abide by the rules of the road. This means
that the Department of Motor Vehicles is responsible for governing the
license-holders in the state. A driver in California with a DUI may find that a
DUI arrest results in their license being taken from their possession. Additionally,
since military bases are considered federal land, you can find yourself
facing penalties associated with a federal DUI.
Unlike California law, penalties for a federal DUI include:
- Six months in federal prison
- $5,000 in fines
- 5 years of probation
Charges for a
breath test refusal
- No right to a jury trial
If you were stopped and charged with a DUI on federal land or a military
base, whether you are a citizen or military personnel, you need someone
on your side who knows how the justice systems involved function and what
will need to be done to get results. Attorney Mark R. De Yoe has the knowledge
and experience to help you fight these charges no matter what your circumstances
are. Time is important in these matters.
What Are Your Legal Rights?
If you turn down an Article 15 or NJP, you have the right to demand a court-martial
trial. If you accept an Article 15 or NJP, you lose your right to a trial
by court martial. The primary DUI laws and
penalties pertaining to military personnel are contained in the Manual for Court
Martial (MCM) and the Uniform Code of Military Justice (UCMJ).
Under Article 31 of UCMJ, you have rights as a member of the military:
- You cannot be compelled to incriminate yourself or answer any question
that might incriminate you
- You must be informed of the nature of your accusation
- You do not need to make any statements regarding the offense
- Any statement used against you could be used as evidence in a trial by
How Attorney Mark R. De Yoe Can Help
In 1901, a significant Navy presence began in San Diego, with the establishment
of the Navy Coaling Station in Point Loma. The city's military presence
grew during World War I and World War II. Today, San Diego remains a very
military friendly town, with military bases including U.S. Navy facilities,
Marine Corps bases and Coast Guard stations. Mark R. De Yoe, APLC is a
friend and resource to members of the military and their families.
There are many
defenses that can be used on your behalf and, after researching the details surrounding
your case, Mr. De Yoe will choose the defense that is best for you. In
one recent, attention-garnering case, a DUI defense lawyer was able to
persuade a Special United States Attorney to drop DUI charges against
a military officer, saying the individual had been driven to binge drinking
as a result of recent traumatic experiences.
Attorney Mark R. De Yoe can help you combat your charges, but you need
to secure his help before it is too late. Often waiting to secure legal
services until a Captain's Mast or other non-judicial proceeding can
significantly reduce your chances of achieving a successful case outcome.