Consequences of a Military DWI in Texas

Consequences of a Military DWI in Texas

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!