Las Vegas Military DUI Lawyer
It’s never a smart decision to drink and drive. But we all make mistakes. Unfortunately, some of those mistakes can have a lasting negative impact on our lives and our careers. This is especially true for active-duty military personnel.
For military service members, driving under the influence (DUI) is not only a Nevada crime, but it is also a violation of the Uniform Code of Military Justice (UCMJ).
The consequences of a military DUI, even a minor DUI offense, can be severe and long-lasting for military officers. Any conviction, whether in a civilian court or military court, has the potential to derail even the most promising of military careers.
For these reasons, it is strongly recommended that military members and civilian employees accused of military DUIs consult professional legal representation from an experienced Las Vegas DUI lawyer.
Goodwin Law Group has extensive legal experience representing clients in complex DUI cases, including the complexities of military DUI cases. As your legal counsel, we will do everything within our power to protect your rights and defend your military service so that your career will survive this unfortunate circumstance.
To learn more about our legal services, we encourage prospective new clients to contact our Las Vegas law office to schedule a free initial consultation today. In your free, no-obligation case evaluation, we will go over your legal options and determine the most assured way to defend your case, have your charges dismissed or reduced, and protect your legal rights.
Is Drunk Driving a Military Crime?
Driving under the influence of alcohol or drugs is considered a violation of the Uniform Code of Military Justice. In addition, it is against Nevada law to drive under the influence. It is important to understand both state and military justice law in military DUI cases, as they are treated separately and have distinct differences.
Regardless of the actions taken by the state of Nevada, military service members risk the potential of being court-martialed for a military DUI. The results of the state case do not necessarily affect the decisions made by military authorities.
The severity of the consequences you face for a military DUI is largely dependent upon whether the incident occurred on or off of a military base. To learn more, please get in touch with our law firm for legal guidance.
What Should Military Service Members Do Following a DUI Charge in Nevada?
If you are an active-duty military service member, employee, or civilian on a military base and you have been arrested for DUI, you must seek professional legal counsel as soon as possible. Your military DUI lawyers can help guide you through the complex legal process on both the civilian and military sides.
You must also notify your commanding officer or immediate supervisor of the DUI offense. The chain of command must be kept informed.
If mandated by a civil court or your military unit, you must attend required substance abuse programs or mental health counseling. Even if not mandatory, it is nonetheless recommended that you engage in these programs.
Communicate with your DUI attorney to stay informed on the civilian and military consequences, including administrative penalties you may face for your DUI charge. You must fulfill all obligations established by both civil and military jurisdictions.
What Happens if a Military Member is Charged with a DUI Off Base?
If you are serving in the military and get arrested for drunk driving off base, law enforcement agencies and the state have the authority to prosecute you in civilian court.
In addition, the defendant’s commanding officer has the authority to take administrative action against the defendant if they commit crimes, including the crime of drunk driving. Your military commanding officer may order you to seek treatment for substance abuse, revoke your pass privileges, revoke driving privileges, and order corrective training.
Not only does a civilian police officer have the right to arrest you if you’ve been driving over the legal limit, but you may also face additional legal consequences from your commanding officer and the military. You may be charged with disorderly conduct.
Even after your civil trial comes to an end, the military may institute additional DUI charges against you.
What Happens When a Military Officer is Accused of a DUI Offense on a Military Base?
Military law prohibits the reckless driving of a motor vehicle, aircraft, or vessel when under the influence of alcohol or drugs.
Military personnel arrested for a DUI offense while on a military base will face charges in military court. In addition to the many penalties outlined by the UCMJ, the defendant may also be subjected to adverse administrative action and a court martial.
If you are arrested on a military installation for drunk driving, you will not face DUI charges as a civilian. With that said, however, the accused may still see their driver’s license suspended by the state, be ordered to install an admission interlock device on their car, as well as face other penalties that may affect driving privileges.
What Happens to a Civilian Arrested on DUI Charges While on a Military Installation?
It is against the law for civilians to drive drunk on a military base. If charged for a military DUI, they will not attend civilian courts but rather federal courts.
Civilians who find themselves in such situations are typically friends or family members of military personnel or civilian employees with access to a military base.
If you are a civilian who has been accused of drunk driving on a military installation, you must retain professional legal representation from an experienced DUI attorney. Contact our law firm to schedule your free case evaluation today.
Is the Burden of Proof Lower for Military DUI Cases?
Yes, the burden of proof that the prosecution must establish is significantly lower in a military DUI case than in a civilian case. The military has the authority to take punitive action against you even without a civil court finding you guilty of drunk driving.
Do not underestimate the severity of the circumstances you are in. Contact our law firm for legal assistance.
What Are the Severe Consequences of a Military DUI Conviction?
A conviction for a DUI offense in Nevada can come with harsh consequences. However, these penalties are even steeper for military personnel charged with the same offense. Military service members face the risk of their careers being in jeopardy or coming to an end because of a DUI charge.
Potential consequences for military personnel accused of a DUI violation include:
- Dishonorable discharge
- Financial penalties
- Imprisonment
- Loss of security clearance privileges
- Reduced pay
- Reduction of rank
Do Military Members Face a Court Martial or Other Form of Military Justice?
Military court was designed to determine the fates of military members who commit crimes that go against military justice law. If found guilty in military court, the courts will decide on the appropriate punishment for the type of offense that has been committed.
In addition to conducting cases for military offenders, a court martial can also be used to try military officers accused of war crimes. Civilian offenders can be tried in military courts if they have violated martial law.
There are three main types of court martials. They include:
- A summary court-martial is used to try service members who have committed minor offenses. If found guilty of a military DUI in a summary court-martial, you may be sentenced to hard labor, confinement, reduction of rank, and a pay cut
- Special court-martial is a military court that handles serious criminal offenses and operates similarly to a civilian criminal court. The maximum penalty in this court-martial is confinement of up to one year, no pay for six months, discharge from military service, and/or hard labor
- General court-martial is the military court responsible for handling the most severe offenses. If a DUI offender is tried in this military court, they may face the maximum sentence allowed by the UCMJ. This may include a dishonorable discharge
What is the Risk of a Dishonorable Discharge?
A military DUI will not automatically result in a dishonorable discharge. With that said, however, DUIs are grounds for dishonorable discharges if the military so chooses. The type of discharge, whether it is honorable, other-than-honorable, dishonorable, or general, will be determined by the offense’s circumstances and the defendant’s commanding officer.
What Are Article 15 Penalties?
A minor DUI offense by a military service member may not necessarily require a judicial hearing. Article 15 permits the defendant’s commanding officer to the side on whether the accused is guilty of the crime or not. If found guilty by the commanding officer, it will be that superior’s responsibility to administer some non-judicial punishment that matches the severity of the offense.
Can Both Military and Civilian Authorities Punish You for the Same DUI Arrest?
Yes. It is entirely possible, depending on the unique facts of your DUI case, to face penalties brought by both the state of Nevada and the US military.
If you have been arrested for a DUI, either on or off base, you must seek professional legal counsel from knowledgeable and compassionate Las Vegas DUI lawyers. Contact our law firm for more information on how we can assist you with your Las Vegas DUI case.
Does a DUI Charge Affect Your VA Benefits if Found Guilty?
A DUI arrest in and of itself does not necessarily directly affect your veteran benefits. However, if the DUI leads to a dishonorable discharge, you may lose all of your VA benefits.
Our legal team is experienced in aggressively defending clients accused of DUIs in Nevada. Remember, you do not need to defend your case alone. We are here to provide legal help.
Do You Need a Court Martial Attorney?
The experienced military DUI attorneys of Goodwin Law Group have worked hard to earn their reputation for serving military members accused of criminal offenses.
If you are stationed or living in Las Vegas, Nevada, and you have been accused of a criminal offense like a DUI, you must seek professional legal representation from a military defense attorney right away.
While it is not legally required that you retain professional legal representation, it is nonetheless highly recommended that you do so. Professional legal counsel could be the difference between spending decades in prison and saving your military career.
What Are Possible Legal Defenses to a Military DUI Charge?
There are several legal defense strategies that your military DUI lawyer may consider when representing your case both in and out of a court of law. Schedule a free case review to discuss the unique facts surrounding your DUI arrest, and our Las Vegas DUI lawyers will determine the right defense strategy for your case.
Potential legal defense strategies include the following:
- Bad driving is not equivalent to drunk driving
- Fatigued driving and drowsy driving are not the same thing as drunk driving
- Inaccurate sobriety test results looking for high blood alcohol content
- Inflated BAC due to a medical condition or diet
- Mouth alcohol will add to incorrect blood alcohol concentration results
- The defendant’s rights were violated during the arrest
- The driver had a medical episode with physical symptoms that mimicked drunkenness, but the motorist was not drunk. This may include speaking in a slurred manner, flushed cheeks, unsteady walking, watery red eyes, and more
- The sobriety tests were inaccurate or improperly conducted
- There was no probable cause for a traffic stop
Schedule a Free Consultation with a Military DUI Attorney
Military service members accused of a DUI on or off base face a variety of punitive actions, including a reduction in rank, lower pay scale, extra military duty, confinement, and more. In the worst cases, it is possible to be dishonorably discharged from the military and wind up in prison.
To fight back against these potential outcomes, it is recommended that defendants retain professional legal representation from experienced Las Vegas DUI lawyers.
Contact Goodwin Law Group to schedule your free initial consultation with our Las Vegas DUI attorneys today. You may reach us at 702-819-8242.
