Were you recently arrested for
driving while intoxicated (DWI) on or off an installation? If you are found guilty of DWI, you face
the possibility of fines, incarceration, driver’s license suspension,
and an annual fee to retain your driver’s license – and that’s
just on the civilian side of things.
Will you be subject to any
military punitive actions? If you are NOT being prosecuted by the civilian authorities, then you
could be subject to punitive actions under the Uniformed Code of Military
Justice – this is generally the case if you’re caught driving
while intoxicated while you’re on the installation itself.
If you’re arrested for DWI while you’re out in public and not
on the installation, then the military will not administer action under
the UCMJ for the DWI, which is being prosecuted by the state. Whether
you’re found innocent or guilty for the civilian DWI, the military
will not take action under the UCMJ.
Military Punitive Actions
You could be subject to punitive actions under the UCMJ for misconduct
that was associated with the drunk driving incident, but that was not
prosecuted by civilian authorities. For example, the military could discipline
you for disorderly conduct, resisting law enforcement, or for assaulting someone.
What types of punitive actions could you be subjected to? You could be
subjected to a nonjudicial punishment (NJP) levied by a commanding officer.
Each branch of the military uses a different name for a NJP, for example,
in the Army and the Air Force it’s called an Article 15.
Under an Article 15, a commander can review the facts surrounding the alleged
offense, hold a hearing for the accused and either refer the case to a
court-martial, punish the accused under Article 15, or dismiss the charges.
Can administrative actions be taken against me?
Yes, it is possible, even if the state is prosecuting you for a civilian
DWI or you’re subject to a UCMJ action. Regardless of the circumstances,
your commanding officer has the power to take an administrative action
against you, including:
- Letter of reprimand
- Your pass privileges can be revoked
- You can be referred to a substance abuse program
- You may be required to take corrective training
- Your commander may reduce your grade
- You may be barred from reenlistment
If you have been charged with a drug or alcohol-related DWI in Plano, Dallas
or Fort Worth,
contact The Zendeh Del Law Firm, PLLC for a
hard-hitting defense. Whether you are facing DWI charges for an
on or off-installation DWI, we can represent you!