Military DUI / OVI

If you receive a DUI / OVI charge while you are in the military, the penalties against you will be more severe. Drunk driving is taken more seriously in the military than for civilians for a few reasons, including the expectation that enlisted individuals and officers to serve as role models for society. If you are facing a DUI / OVI while serving, you may be concerned about your status and whether you will be penalized in a harsh manner. Cleveland DUI attorney A. Dale Naticchia can assist you with evaluating your situation and the evidence against you to identify any affirmative defenses that may be available to you. He represents clients throughout Akron and other parts of Cuyahoga County, so call our office as soon as possible to start taking control of your DUI / OVI charge.

There are a number of sentences that apply to drunk driving cases involving military members including dishonorable discharge, demotions, deductions from pay, fines, and imprisonment. This can be a serious roadblock to any ambitions toward moving upward in the military. When a reviewing committee is screening candidates for promotions, DUI / OVI charges are often one of the first things that they will look for among the candidate pool. It could also mean that you will find yourself more commonly receiving job assignments that are less desirable compared to other options. An example may be carrying out extra watch duty assignments.

A military DUI / OVI is punishable under the Uniform Code of Military Justice (UCMJ), which is a body of federal law that governs the military justice system. It also details criminal offenses under military law, including drunk driving charges. If a civilian court and a military court file state law and UCMJ charges for the same drunk driving incident, both bodies will coordinate to determine who has jurisdiction over the matter.

If you are charged with a DUI / OVI while on base, it will not impact your civilian record but you will face penalties like a court martial and adverse administrative sanctions. Being charged with a DUI / OVI even while off-base and off-duty can still have negative consequences for your military career. If your commanding officer learns that you were involved in a DUI / OVI charge or convicted of a DUI, he or she has the option to punish you through the military justice system, as well. This can include extra duty or a requirement that you complete an alcohol abuse program. A seasoned DUI / OVI attorney can evaluate what consequences may be involved in your case.

Administrative penalties available to the military include things like reprimands, revocation of a pass to leave the base or driving privileges, corrective training such as refresher curriculum on the military’s laws, a reduction in grade, or a prohibition against reenlisting in the military. If a servicemember incurs two serious incidents involving alcohol-related misconduct within a year, separation proceedings can commence. The UCMJ also allows for punitive actions including court martial, which involves potential forfeiture of pay, imprisonment, removal from the military, and non-judicial punishments.

Just like civilian DUI / OVI charges, military DUI / OVI charges can be dismissed or reduced due to a lack of proper procedures, a lack of sufficient evidence, or improperly obtained evidence. Military police sometimes lack the proper training to perform a drunk driving test, for example. There are procedures that allow a military servicemember facing a DUI / OVI charge to fight the charge, seek a reduced conviction, or to challenge evidence being put forth as illegally obtained. Challenging the accuracy of any breathalyzer or blood test indicating your blood alcohol level at the time of the arrest is one of the most common ways that a DUI / OVI charge can be fought.

If you are facing a DUI / OVI conviction while enlisted or serving in the military, you should take action as soon as possible to learn about your potential legal options. Cleveland attorney A. Dale Naticchia proudly helps Ohio men and women in the armed forces with understanding their rights and ensuring that they are treated fairly following a drunk driving charge. He is available to serve clients throughout Parma, Bedford, Berea, Rocky River, Garfield Heights, Stow, and Barberton. To schedule your free consultation, call us as soon as possible at 216-520-5297 or contact us online.