Military DUI Defense in San Diego & Orange County

Facing a DUI as an active-duty service member stationed in San Diego or Orange County is like walking a tightrope. One misstep can land you on two fronts: civilian courts with their sentencing requirements, measures and the military system with its potential career-altering consequences. Understanding the unique situation and taking decisive action is paramount.

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 in the civilian community, you will likely face some administrative disciplinary and/or adverse administrative action by your command as well.

Likewise, if you get a DUI on a military installation, you could face criminal charges and punishment under the Uniform Code of Military Justice by your command, or your command could refer the case for criminal processing through a federal district court.

A civilian DUI can be a double whammy, hitting you with a civilian sentence that can potentially derail your military career. Here’s a quick look at the potential consequences of a civilian DUI on both fronts:

Personal Consequences from a Civilian DUI conviction:

• Financial Consequences :
  Your sentence will include fines and fees that can be very hefty.
  Additionally, you will likely incur attorney fees and costs and increased auto insurance premiums.
• Suspension of Driving Privileges:
  A DUI typically results the suspension of your driving privileges off base regardless of which state your drivers license is issued.
• Mandatory Programs:
  Alcohol education and treatment programs are mandatory and often add extra time and financial burden.

In addition to your driving privileges being suspended off base, you will also likely have your driving privileges suspended on the base. Consequently, it will make it very difficult for you to get to and from your place of duty, appointments and to court hearings.

Military Consequences for a Civilian DUI Conviction

• Career Limitations:
  A Civilian DUI conviction can jeopardize future deployments, assignments, and promotions..
• Loss of Security Clearances:
  A Civilian DUIcan lead to the revocation of a security clearance jeopardizing career opportunities.
• Discharge (Honorable or Dishonorable):
  Depending on the severity or your DUI, you could be administratively separated from the military with a less than honorable conditions discharge. This can have long-lasting consequences for future civilian employment opportunities and veteran benefits.

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.

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

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 civilian community

Navigating the complex legal landscape of a military DUI requires an experienced 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.

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

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.

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

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.

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 or BOI is more likely and the end of military career more certain.

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 personal or property damage influence the severity of the sentence.

How do you deal with a DUI in the military?

Seek legal counsel right away. A Military DUI lawyer 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?

A civilian or military DUI conviction can certainly have a negative impact on your retirement and while each case is unique, it is important to retain an experienced attorney who has experience in both the civilian and military arenas who can fight to protect your military retirement.

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