DUI on Camp Pendleton: What You Need to Know

What Happens After a DUI on Camp Pendleton?

A DUI (driving under the influence) charge is a serious offense anywhere, but when it happens on a federal military installation like Camp Pendleton, the situation becomes even more complex. It can cost several thousand dollars in court fees, fines, and more. Understanding the legal process and the unique challenges of a DUI on base is essential for both civilians and military personnel.

In this blog post, we’ll explore what happens after a DUI arrest on Camp Pendleton, from the moment you’re pulled over to the consequences you might face, and why having a solid defense strategy is crucial.

1. The Arrest Process

By driving on base, your implied consent is given, requiring drivers to submit to a breathalyzer or blood test.

Under 21 – Zero tolerance

21 and older – over 0.08% will result in suspended driving privileges

The process begins much like any DUI arrest. If a Camp Pendleton Military Police Officer suspects you’re driving under the influence, they’ll conduct a traffic stop. During this stop, they may administer field sobriety tests and chemical tests, such as a breathalyzer or blood test, to determine your blood alcohol content (BAC). If your BAC exceeds the legal limit (0.08% for most drivers), or if there are other indicators of impairment, you will likely be detained.

Upon being arrested for a DUI under California Penal Code § 23152(a) or § 21352(b), your on-base driving privileges will be revoked, even if you are a military dependent, pending the completion of your on-base administrative hearing.

2. Immediate Consequences

Vehicle will be towed, and your Driving Privileges will be suspended immediately.

You will get a date for your hearing with the Base Magistrate in Building 22161.

You will get a notice to appear in Federal Court for a DUI.

After your arrest, you’ll be processed and either released on your own recognizance or held, depending on the severity of the situation. Your vehicle will likely be impounded, and retrieving it from a local tow truck yard will involve additional fees and paperwork. You can call police records to find out where your vehicle was towed.

Shortly after the arrest, you will be notified of your on-base court date. The date will typically be found handwritten on the side of your Armed Forces Traffic Ticket (DD Form 1408). You will likely get the pink copy of this ticket. This date is critical because it sets the timeline for when you need to start building your defense and preparing for the legal challenges ahead. You will also receive a preliminary letter of suspension. Whether you’re a civilian or military personnel, missing your on-base court date can lead to more severe penalties.

Additionally, you will receive a District Court Violation Notice, which is typically a yellow copy. This is the notice that you are facing a criminal DUI charge at the Central Violations Bureau in San Diego.

3. Jurisdiction: Who Handles the Case?

The Base Magistrate will handle your administrative hearing to determine if the DUI is valid; whether to continue the suspension of driving privileges; and how many points to add to your on-base driving record.

The United States Federal Court for the Southern District will handle your criminal DUI case in the Central Violations Bureau.

One of the first questions after a DUI on Camp Pendleton is: Who will handle my case? The answer depends on whether you are a civilian or military personnel. Civilians arrested for DUI aboard Camp Pendleton are typically prosecuted under California law. The case will usually be transferred to federal district court for adjudication. The Special Assistant United States Attorney will represent the government and is the prosecutor for your case.

For military personnel, however, things are more complicated. While the DUI may be prosecuted under California law in federal district court and the Marines and Sailors will also attend a hearing with the base magistrate in Building 22161, military members may also face additional actions under the Uniform Code of Military Justice (UCMJ). These additional consequences can include non-judicial punishment, a 6105 counseling, ADSEP Board, and even court-martial proceedings.

4. Base Magistrate Hearing in Building 22161 (22 Area)

Non-Criminal Hearing.

Could Result in 12 month On-Base Driving Privilege Suspension.

An attorney may represent you in court.

For civilians and military personnel alike, being arrested for DUI on Camp Pendleton will trigger an additional on-base hearing. This administrative process falls under MCIWEST-MCB CAMPENO 5000.2, a regulation that governs hearings and procedures related to administrative actions on base. This is also likely the first time you will get to see the police report to determine whether there is a legal error or not in your arrest. A civilian attorney can help you review the evidence and decided whether to call witnesses or present any other evidence.

The hearing is conducted by the Base Magistrate in Building 22161 and is separate from your civilian criminal court proceedings in San Diego. During this administrative hearing, the Base Magistrate will determine if you are guilty or not for administrative purposes, and any administrative consequences such as the suspension of on-base driving privileges, restricted access to certain areas, or even a temporary ban from the installation.

While this hearing does not impose criminal penalties like the federal district court, the outcomes can still be severe, particularly for civilians who work on base or military members and dependents who rely on driving around the base for work and errands. A loss of driving privileges or access could severely impact your employment or day-to-day activities on Camp Pendleton.

It’s important to prepare adequately for this hearing, just as you would for civilian court, as it can directly affect your future on the base. A strong case should include mitigating and rehabilitative evidence. The DUI attorneys at the Military Law Center can help you prepare for this hearing.

5. The Court Process

Pleading not guilty will result in litigating your case in federal court.

An attorney can help you negotiate away from a DUI conviction.

Once your case is in civilian court, the legal process begins with an arraignment, where you’ll enter your plea—guilty, not guilty, or no contest. If you plead not guilty, you’ll need to prepare for trial. This is where having an experienced DUI attorney is crucial.

Your attorney will work to build a defense by examining the evidence against you. This could include questioning the legality of the traffic stop, challenging the accuracy of the field sobriety or chemical tests, and exploring any procedural errors made by law enforcement during the arrest. Depending on the strength of your defense, your case may end in a plea bargain, where you agree to a reduced charge, or it may proceed to trial.

Depending on the BAC test results for your case, a negotiated plea agreement may be in your best interest. A Camp Pendleton DUI Attorney can negotiate on your behalf with the Special Assistant United States Attorney to avoid a DUI conviction.

6. Penalties for DUI Convictions

Six-month confinement in county jail; $1,000 in fines; probation; mandatory alcohol treatment program; ignition interlock device.

The penalties for a DUI conviction can be harsh. Under California state law, even first-time offenders can face jail time, up to $1,000 in fines, license suspension, probation, mandatory alcohol education programs, and community service. Repeat offenders or those with particularly high BAC levels may face jail time, extended license suspensions, and much steeper fines.

For military personnel, the stakes are even higher. In addition to court-imposed penalties, you may face consequences such as non-judicial punishment, relief for cause, demotion, loss of security clearance, or even discharge from the service, depending on the severity of the DUI offense.

7. Long-Term Implications

Could lose security clearance.

Damage your reputation.

Increase your insurance premiums.

A DUI conviction on Camp Pendleton can have far-reaching consequences. For civilians, it can impact employment, especially for those working on base or in sensitive positions. It can also affect your ability to travel internationally, as some countries, like Canada and Japan, may deny entry to individuals with DUI convictions.

For military personnel, the long-term implications are even more severe. A DUI can affect your security clearance, limit your ability to deploy, and damage your military career. In some cases, it could lead to discharge from service through an ADSEP Board, Board of Inquiry, or court-martial.

In either case, a DUI conviction can result in higher insurance premiums and a tarnished driving record, both of which can linger for years.

Call the Camp Pendleton DUI Attorneys Today

Getting a DUI on Camp Pendleton is a serious matter, and the legal and administrative processes that follow can be overwhelming. Between civilian court proceedings, on-base hearings, and potential military consequences, navigating the aftermath requires careful planning and the help of an experienced attorney.

Whether you’re a civilian, Marine, or Sailor, acting swiftly to protect your rights and minimize the damage is critical. A strong defense can help reduce penalties, protect your driving privileges, and limit the long-term impact on your life.

At the Military Law Center, we have handled Camp Pendleton DUI cases for service members and military dependents alike. We have successfully petitioned the Base Magistrate to allow DUI clients a limited driving privilege after they lost their driving privileges. While each case is different and results are never guaranteed, working with an experienced DUI attorney near Camp Pendleton will give you the best chance at getting back to a “normal” life after losing driving privileges.

If you’ve been charged with a DUI on Camp Pendleton, don’t navigate this complicated legal process alone. Contact an experienced DUI attorney who understands the intricacies of cases on military installations and can help you defend your rights.