Will I Get Kicked Out of the Military for a DUI?

By Jonathan Blecher on April 14, 2017

DUI in the Military

The military has many rewards such as the GI Bill, tuition benefits, advanced technical and specialty training, tax-free housing, world travel, a military pension, healthcare, and of course the pride and honor of serving our country to name a few.

When you serve in the military, you learn self-discipline, respect, and you demonstrate your honor and devotion to duty. The experience, training and leadership skills you gain in the military are second to none, and exactly what employers are looking for.

As the benefits of serving in the military are enormous, can they be taken away if a momentary lapse in judgment causes you to be convicted of driving under the influence (DUI)? Yes, a discharge is possible, however, it’s an unlikely punishment.

Every branch in the military has their own way of handling DUIs, and if you’re an officer or an NCO, you have a greater chance of getting the boot. Essentially, when the nation’s in the middle of a war, you’re less likely to be kicked out, but during peacetime, your job and your military career are more at risk.

Whether or not you will be kicked out of the military for a DUI depends on a number of factors, including your rank, any prior disciplinary record, and the circumstances of the DUI. A DUI conviction can result in a variety of penalties, including:

  • Demotion
  • Loss of pay
  • Reprimand
  • Probation
  • Court-martial
  • Dishonorable discharge

Here are some additional factors that may affect the outcome of your case:

  • Your blood alcohol concentration (BAC) level
  • Prior DUI convictions
  • Injuries from a crash
  • Driving on a military installation can result in a court martial
  • Whether you were on duty at the time of the accident

A service member found guilty of DUI in civilian court may be required to take corrective training, complete a substance abuse treatment program, and may even be relieved of pass privileges. In addition to punishments that the commanding officer may take, the military justice system may choose to try the serving member on other offenses that are related to the DUI. Those are covered by the Uniform Code of military Justice, Section 911, Article 111.

If you have been charged with a DUI while serving in the military, it is important to speak with an attorney to discuss your options and to protect your rights.

As you’re probably aware, the military frowns upon any type of criminal behavior, and DUIs are no exception. Thus, anything that can be done to get your DUI reduced or dismissed will improve the outcome, and help shield a hard-earned reputation and career.

Are you stationed in Florida?

Are you stationed at Eglin AFB, Hurlburt Field, MacDill AFB, NAS Key West, NAS Pensacola, NAS Whiting Field, NS Mayport, Patrick AFB, Homestead AFB, or Tyndall AFB, and facing DUI charges in Miami-Dade County? If so, I urge you to contact my firm, Jonathan Blecher, P.A. immediately for a hard-hitting defense!

Begin discussing your legal options with a trusted Miami DUI lawyer! Call 305-321-3237 to learn more.

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