DUI on U.S. Military Bases in California
DUI on a U.S. military base can be a "triple threat" that soldiers should not face alone.
California DUI charges normally pose two challenges to defendants. The first takes place with the California DMV which will automatically suspend the driving privileges of people arrested with .08% or higher blood alcohol content unless they reserve and prevail at a hearing to contest the accusation.
The second takes place in the California criminal justice system where prosecutors charge drivers arrested for DUI with offenses ranging from misdemeanors to felonies depending on the circumstances.
When intoxicated driving charges concern DUI on U.S. Military Bases, our Los Angeles DUI Lawyers emphasize that things can get much more complicated, whether the defendant is enlisted in military service or not. First of all, anyone can face a federal DUI charge for driving under the influence on a military base. As a result, the case will take place in United States District Court, as opposed to California state court, where penalties for even a standard first offense can be more severe.
In addition to dealing with the DMV and federal court, servicemen and women arrested for DUI on U.S. military bases will face the third challenge of successfully handling and resolving consequences that arise from their enlistment. The interaction of state, federal, and military DUI laws is very complex and turns on questions of enlistment classification, degree of alleged intoxication, and whether the defendant was on or off duty. Ultimately, some servicemen and women arrested for DUI on a U.S. military base could actually face proceedings with the DMV, state or federal court, as well as military court.
Civilian or a soldier, our Los Angeles DUI Lawyers urge anyone facing a DUI on U.S. military base in California to consult with an experienced defense attorney as soon as possible. Soldiers particularly need to understand whether and how to contest "non-judicial actions" that may swiftly strip them of rank and pay unless immediately and correctly challenged.
DUI is a common charge... but it's also one that is commonly charged by mistake, especially due to so-called "breathalyzers." Before allowing anyone- especially servicemen and women- to conclude a case holds no hope, we leverage our experience to seek out those common mistakes so that clients don't have to face unnecessary repercussions they could have avoided.