San Diego Military DUI Attorneys

Protect Your Career and Future

Defending the Military and Civilian Legal Rights of Active Duty Servicemembers, Veterans, DoD Employees and their Families Since 1987
California Based / Worldwide Military Representation
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Facing a DUI as an active duty service member stationed in San Diego is like walking a tightrope. One misstep can land you on two fronts: civilian courts with their punitive measures and the military system with its potential career-altering consequences. Understanding the unique situation and taking decisive action is paramount.

Punishment & Penalties: The Double-Edged Sword of a Military DUI

Unfortunately, there is no “double jeopardy” that prevents you from being punished by both the military and civilian courts. If you are in the military and get a DUI, you will likely face punishment and penalties by your command as well as by civilian courts.

Even if you get a DUI on a military installation, it is more likely than not that your case will be tried in a civilian court and your command will take administrative disciplinary action against you.

Facing a DUI Charge? The Impact on Your Military Career

A DUI can be a double whammy, hitting you with civilian court penalties and potentially derailing your military career. Here’s a quick look at the potential consequences on both fronts:

Civilian Court:

  • Financial Strain:
    Fines can be hefty, and you might face court costs on top of that. There’s also the potential for lost wages if jail time is involved.
  • Driving Privileges Suspended:
    A DUI typically results in a suspended driver’s license, making it difficult to get around and potentially impacting job opportunities outside the military.
  • Mandatory Programs:
    Alcohol education and treatment programs are often court-ordered, adding extra time and financial burden.
  • Stigma: 
    A DUI in California carries an uncomfortable stigma, especially if you’re convicted.

Military Repercussions:

  • Career Limitations:
    A DUI conviction can restrict future deployments, assignments, and promotions. Leaders with DUIs raise red flags about judgment and reliability.
  • Loss of Security Clearances:
    DUIs can lead to security clearance revocation, jeopardizing your ability to serve in certain roles.
  • Discharge (Honorable or Dishonorable):
    Depending on the severity and your command’s discretion, a DUI could result in discharge. This can have long-lasting consequences for future employment and veteran benefits.

The penalties for active duty service members vary depending on how the service member’s command decides to prosecute the DUI.  Usually, a command will only decide to prosecute a DUI at a court-martial if the DUI occurred on a military installation.  In addition to a potential court-martial conviction, service members also face a number of adverse administrative penalties.

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Call us Today at (760) 536-9038 or complete the below form for a free, no obligation initial consultation.

Facing a DUI on Camp Pendleton? Gary Barthel saved my career.

“Fellow Marine recommended Mr. Barthel for my alleged DUI. Not only did he clear my name with both my command and the court, but his calm guidance kept me sane through the whole ordeal. Now, my career’s back on track. If you’re facing military legal trouble, don’t hesitate – call Gary Barthel.”
Charles, S.F.

The Impact on Your Military Career:

A DUI conviction can be a career killer. Even administrative punishments can affect deployments, assignments, and promotions. The stigma associated with a DUI can cast a long shadow on your military service.

Maximum Court-Martial Penalties for DUI under Article 113, UCMJ, include:

  1. DUI Resulting in Personal Injury:
    • Dishonorable Discharge
    • Forfeiture of all pay and allowances
    • Confinement for 18 months
    • Reduction in rank (enlisted service members only)
  2. DUI with no personal injury involved:
    • Bad Conduct Discharge
    • Forfeiture of all pay and allowances
    • Confinement for 6 months
    • Reduction in rank (enlisted service members only).

Potential Administrative Penalties for a DUI

  • Suspension of driving privileges on military installations
  • Non-judicial Punishment
  • Adverse fitness reports or performance evaluations
  • Suspension or Revocation of Security Clearance
  • Administrative separation from the military
  • Suspension of driving privileges in the state where Drivers License issued

Don’t let a single mistake jeopardize your entire military career and future. The Military Law Center can help.

Why You Need a Specialized Military DUI Attorney:

Navigating the complex legal landscape of a military DUI requires an expert guide. A seasoned Military DUI attorney will:

  • Understand the intricacies of both civilian and military law.
  • Develop a strategic defense tailored to your unique circumstances.
  • Fight to minimize criminal penalties and negotiate plea bargains.
  • Represent you in court hearings and potential court-martials.
  • Advise you on administrative actions and mitigation strategies.
  • Protect your military career and minimize the long-term impact of the DUI.

Here’s what sets the Military Law Center apart:

  • Focus on Military DUI cases:
    We specialize in handling DUIs for active duty personnel, ensuring your case receives the focused attention it deserves.
  • Veteran-led team:
    Our team understands the military culture and can relate to your experiences, providing empathetic and effective guidance.
  • Aggressive Defense Strategies:
    We’ll challenge every aspect of the prosecution’s case, working to get charges dismissed or reduced.
  • Experience with Courts-Martial:
    If facing military court, our military law expertise ensures your rights are protected throughout the proceedings.
  • Clear Communication and Support:
    We keep you informed every step of the way and provide emotional support during this challenging time.
Military Law Center Attorneys Gary S. Barthel and Kevin Courtney
The Military Law Center Attorneys Gary S. Barthel and Kevin Courtney

Saved my career, saved my reputation.

“Gary Barthel is the ultimate Marine’s lawyer. DUI charge? Not guilty. Base driving privileges? Restored. Promotion to Sergeant? Secured. Trust Gary to protect your future.”
Sergeant Chapman, USMC

Military Law Center Attorneys Gary S. Barthel and Kevin Courtney
The Military Law Center Attorneys Gary S. Barthel and Kevin Courtney

Don’t let a DUI derail your military career and future.

Contact the Military Law Center today for a free consultation. We’re here to fight for you and safeguard your rights, both in civilian court and the military system.

Remember:

  • You have the right to remain silent.
  • You have the right to an attorney.
  • Don’t make any statements or decisions without legal counsel.

Military Law Center Is Ready to Help You – Right Now.

Call us Today – (760) 536-9038

Taking action now can make a world of difference. Don’t delay, your future depends on it. Contact the Military Law Center today.

Frequently Asked Questions about Military DUIs:

What happens when a military officer gets a DUI?

Officers face similar consequences as enlisted personnel, with the potential for harsher penalties due to their leadership role. A court-martial is more likely, and career damage can be even more severe.

Is it worth getting a DUI lawyer in California?

Absolutely! An experienced lawyer can significantly reduce penalties, fight for dismissal, and protect your military career. Don’t risk your future – seek legal counsel immediately.

What is the penalty for a DUI in San Diego?

Penalties range from fines and license suspension to jail time and probation. Factors like prior offenses, blood alcohol content (BAC), and property damage influence the severity.

How much is a DUI lawyer in San Diego?

As mentioned, costs vary. Invest in your future – contact the Military Law Center for a free consultation to discuss your specific situation and potential legal fees.

How do you deal with a DUI in the military?

Seek legal counsel right away. A Military DUI attorney will explain your rights, guide you through the legal process, and develop a strong defense strategy to minimize consequences for both civilian and military charges.

Can you lose military retirement for a DUI?

While court-martial convictions can negatively impact retirement benefits, each case is unique. A skilled attorney can fight to minimize the impact on your long-term security.

How common are DUIs in the military?

Unfortunately, they occur more often than you might think. The stresses of deployment and reintegration can contribute to alcohol abuse. Don’t hesitate to seek help if you’re struggling.  An experienced military DUI attorney in California may be able to get your case into the California Military Diversion Program where your case can be dismissed.

How do you win a DUI case in California?

Challenging breathalyzer accuracy, questioning field sobriety testing procedures, and negotiating reduced charges through plea bargains are some potential strategies. An experienced attorney will build the strongest defense based on your case’s specifics.

What is the best-case scenario for a DUI in California?

Getting the charges dismissed is ideal. Minimizing penalties, avoiding jail time, and negotiating alternative sentencing like community service are other positive outcomes.

How does a DUI affect your life in California?

Beyond fines and penalties, a DUI can impact your employment, insurance rates, and future legal prospects. It’s crucial to address the situation head-on with the help of a competent attorney.

What is the highest cost of a DUI?

Beyond financial penalties, the true cost of a DUI can be your military career, reputation, and future opportunities. Don’t gamble with your future – seek the expertise of a dedicated Military DUI attorney. At the Military Law Center, we have a proven track record of success in defending service members facing DUI charges in San Diego. Our founder, Attorney Gary S. Barthel, is a former Marine judge advocate with extensive experience navigating the complexities of both civilian and military law. We understand the unique pressures and challenges faced by our military brothers and sisters, and we’re committed to protecting your rights and future.