Article 112 | Drunkenness and Other Incapacity Offenses

Accused of an Article 112 Charge for being Drunk on Duty? Are you struggling with alcohol use? Don’t go it alone. Military Law Center can help.

The Manual for Courts-Martial, under Article 112 (10 U.S.C. 912), prohibits any service member from being drunk on duty, incapacity from alcohol or drugs during duty, and being a drunk prisoner.

Being drunk on duty may be a sign the service member is suffering from undiagnosed mental health issues, like PTSD or depression.  Experienced attorneys know to seek rehabilitation for their clients and can help advocate for treatment rather than punishment. 

In the civilian sector, when employees show up to work drunk, they likely lose their job or get treatment.  But in the military, service members can be placed in the brig and can become the outcast of their unit.  The Military Law Center Attorneys want to be part of your rehabilitation and will guide you through the process of facing an Article 112 charge in the military.

Drunkenness under Article 112 can be proven by showing the service member was (1) drunk on duty, (2) incapacitated for duty from drunkenness or drug use, or (3) a drunk prisoner.

The prosecution can charge Article 112 in three ways:

Drunk on Duty:

1. That the Accused was on a certain duty; and 
2. That the Accused was drunk wile on this duty.

Incapacitation for Duty from Drunkenness or Drug Use:

1. That the Accused had certain duties to perform; 
2. That the Accused was incapacitated for the proper performance of such duties; and 
3. That such incapacitation was the result of previous indulgence in intoxicating liquor or any drug.

Drunk Prisoner:

1. That the Accused was a prisoner; and
2. That while in such status the accused was drunk.

The terms found within the elements above have specific definitions.  The following definitions apply:

A. Drunk: Drunk means:

1. 1. the state of intoxication by alcohol that is sufficient to impair the rational and full exercise of mental or physical faculties; or
   2. the state of meeting or exceeding a blood alcohol content limit with respect to alcohol concentration in a person’s blood of 0.08 grams of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person’s breath of 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis. 

Duty: Duty in this article means a military duty.  Every duty which an officer or enlisted person may legally be required by superior authority to execute is necessarily a military duty.  The period “off duty” or “on liberty” is excluded.

An Article 112 charge can feel daunting to defend against, but there are defenses available to fight the accusation:

• Inaccurate Breathalyzer Reading:
  Whether your command or a law enforcement official provided you a breathalyzer, if it was improperly calibrated, there may be an option to move to suppress it as being unreliable.  Without this evidence, you may be able avoid a conviction.
• Timing of Duties Assigned:
  If the accused is known by superior authorities to be drunk at the time a duty is assigned, and the accused is thereafter allowed to assume that duty anyway, or if the drunkenness results from an accidental over dosage administered for medicinal purposes, the accused will have a defense to this offense.
• Lack of Knowledge of Duties:
  For the charge of incapacitations for duty from drunkenness or drug use, the accused’s lack of knowledge of the duties assigned is an affirmative defense to this offense.

Service members have commonly sought alcohol and recreational drugs to cope with the stressors associated with military service.  Whether combat deployments caused PTSD or a member has an alcohol use disorder from other traumas in their life, service members too often drink to excess.  

Yet, the military uses alcohol to celebrate getting to the weekend, birthdays, and promotions.  The paradox between celebrating military achievements with alcohol and coping with alcohol is profound.  Service members are punished for coping with alcohol even though it may be a symptom of a mental health issues hiding in plain sight.

Instead of punishing a service member for being drunk on duty, the Military Law Center advocates for getting clients suffering from mental health issues into treatment.

Facing Article 112 charges for alcohol use can be overwhelming. Military Law Center can help.

We understand the complexities of drunkenness offenses and have a history of success defending service members. We also recognize the potential for underlying mental health issues and fight to get you the help you need.

Contact Military Law Center today for a free consultation. We’ll answer your questions, explore your options, and develop a defense strategy to protect your future.

The maximum punishment for Article 112 is a bad conduct discharge, nine months confinement, total forfeitures of pay and allowances, reduction in rank to E-1, and other lawful punishments.

The potential penalties for drunk on duty, incapacitation due to drunkenness, or being a drunk prisoner vary on the seriousness of the offense. A court-martial can impose a range of punishments, including:

• Confinement: 
  The accused may face imprisonment for a specific period determined by the court-martial.
• Reduction in rank: 
  This could involve a demotion to a lower enlisted grade or officer rank.
• Forfeiture of pay and allowances:
  The accused may lose a portion of their military pay and benefits.
• Bad-conduct discharge:
  This is a less severe form of separation with a negative characterization, potentially impacting future employment opportunities.
• Reprimand or admonition:
  These are non-judicial punishments involving official censure of the accused’s actions.

The exact maximum punishment for an allegation of Article 112, UCMJ will depend on how the government presents its case.  Our attorneys at the Military Law Center can help provide a maximum punishment for your case during a free consultation.

An Article 112 arrest and conviction can have devastating consequences beyond the courtroom. It can damage your reputation within the military, stall your career progression, and potentially hinder future job opportunities in the civilian sector. 

Facing an Article 112 accusation can be frustrating, stressful, and sometimes an embarrassing experience. At Military Law Center, our attorneys understand the challenges you’re facing, and we’re here to help. Here’s what sets us apart:

• Experienced Military Defense Attorneys:
  Our team is comprised of former military judge advocates (JAGs) with a deep understanding of military law and the UCMJ. We’ve successfully defended countless service members facing all kinds of allegations, and we know how to litigate the complexities of military justice from start to finish.
• Personalized Attention:
  We care for every client as an individual. We’ll take the time to understand your specific situation and develop a personalized defense strategy, to include rehabilitation options, designed to achieve the best possible outcome.
• Aggressively Protecting Your Rights:
  We’re committed to fighting for your rights and ensuring you receive fair treatment throughout the legal process. We’ll explore all available defenses and work tirelessly to protect your career and reputation.
• Clear Communication:
  We understand legalese can be confusing. We’ll keep you informed about the progress of your case and explain everything in clear, understandable terms.
• Free Consultation:
  We offer a free consultation to discuss your situation and answer any questions you may have. This allows you to make informed decisions about your defense strategy.

Don’t Face Article 112 Charges Alone. Military Law Center Can Help.

An Article 112 charge can stall your military career and damage your personal and professional reputation. But you don’t have to fight by yourself. Military Law Center has a proven track record of successfully defending service members facing the most serious charges and getting them the rehabilitative help they need. Our experienced military law attorneys understand the military justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case.

Contact Military Law Center today for a free consultation.
We’ll stand by your side and fight for you.

Call Us Today – (760) 536-9038