San Diego is known for year-round beautiful weather, sun, surf and of course,
the military. Camp Pendleton Marine Corp base is located in Oceanside
and close to suburban and beach hubs such as San Clemente, San Diego and
Dana Point. Each year, thousands of people are arrested in California
on suspicion of
driving under the influence, and in the San Diego area, the chances of the arrest being that of a
military personnel are higher than almost anywhere else in the state. Although the laws apply
to everyone and civilian penalties apply to all convicted of a DUI, military
personnel may face a few different complications.
After an arrest, military members need to ensure that they notify their
command. Depending on the member's branch of the military, ranking
and where the DUI arrest took place, a few things may happen. The most
commonly hoped for outcome would be that the command take a "wait
and see" approach and only enforce military alcohol educational courses.
Other times, consequences may be worse and members may face loss of rank,
extra duties or letters of reprimand. In the case of repeat offenders
or those that are facing
vehicular manslaughter charges, military members may be subjected to a Captain's Mast and
be discharged less-than-honorably from their service.
If the arrest occurred while on a
military base, such as Camp Pendleton, the consequences may quickly change. Not only
will you be facing complications with the chain of command, but you have
now potentially committed a crime on federal land – leaving you
with a federal offense charge. You will be prosecuted in the federal court
system by a Special Assistant United States Attorney, who is a member
of the branch of military that you serve in. Civilians may be facing federal
charges, too, if they were caught driving under the influence on base.
It is important that if you are a military member or a civilian charged with a
DUI on a military base, that you work with an attorney right away. Attorney
Mark R. De Yoe can aggressively fight for your case and help you retain
your freedom after an arrest. In addition, our San Diego DUI lawyer provides
discounts for military members to help you- call now!