According to the National Institutes of Health, tens of thousands of military service members are arrested for driving under the influence (DUI) each year in the United States. Not only does this represent significant legal issues for accused service members, but it also causes personnel shortages and other deficiencies within the United States military. When soldiers cannot deploy or carry out their duties due to the legal consequences of DUI charges, one might argue that the entire nation becomes weaker – presenting a real incentive for effective defense strategies. A greater understanding of these consequences could discourage service members from driving under the influence. However, those who already face the consequences of DUI may need to take a step beyond online education and speak directly with DUI defense attorneys in South Carolina or North Carolina. King Law Offices may be able to guide and assist those who dial (888) 748-KING. Our South Carolina offices are conveniently located in Rock Hill, South Carolina. Those located in North Carolina can visit us in Forsyth County, Mecklenburg County, Haywood County, and Watauga County.
Article 113 of the Uniform Code of Military Justice
All military service members are subject to the Uniform Code of Military Justice (UCMJ). Article 113 of this code outlines the consequences of DUI and the reckless operation of any vehicle. This law is similar to state DUI laws in North Carolina and South Carolina, and soldiers could face consequences if they operate any vehicle with a blood-alcohol concentration (BAC) of over 0.08 grams per 210 liters of breath.
Article 113 applies to virtually any vehicle imaginable, including passenger cars, military ground vehicles (such as tanks, infantry fighting vehicles, and humvees), naval vessels, and aircraft. Generally speaking, the UCMJ applies to DUI incidents that occur on military installations and bases in various states throughout the United States (and often in different countries). Aside from alcohol intoxication, Article 113 also applies to those who operate vehicles while under the influence of prohibited substances. In some cases, this may also apply to intoxication caused by legal drugs, such as prescription medication.
Consequences of Courts-Martial for Article 113 Violations
Article 113 states that the consequences of DUI in the military may involve courts-martial. A court-martial operates outside of civilian courts, and it can result in various penalties. Perhaps the most serious consequence is a dishonorable discharge, which may occur after particularly serious DUI offenses. A dishonorable discharge may prevent service members from accessing various benefits, including pensions, Veterans Affairs healthcare, G.I. Bill, and many others. Other potential consequences of DUI via courts-martial include letters of reprimand, corrective training, loss of pass privileges, and even incarceration.
Consequences of Nonjudicial Punishment for Article 113 Violations
An alternative to courts-martial is nonjudicial punishment (NJP). Most service members see this as preferable to courts-martial, and it generally involves less serious consequences. Instead of following the court-martial process, the commander of the accused service member conducts a “mini trial” and determines the appropriate penalties. During this process, service members may receive assistance from DUI defense attorneys in North Carolina or South Carolina – such as lawyers from King Law Offices. NJP occurs according to Article 15 of the UCMJ, and it does not result in formal charges. As a result, the DUI offense may not appear on the civilian driving record of a service member.
The most common consequences of DUI under NJP include forfeiture of pay and reductions in grade. In other words, a soldier may receive less income for a set period of time after a DUI, and they may also be demoted. Specific consequences depend entirely on the commander, the military branch, and the circumstances of the incident. Commanders are free to enforce whatever penalties they see fit, whether these consequences include mandatory substance abuse treatment, extra duties, or reduced rations.
State Consequences for DUI While Serving in the Military
Service members who commit DUIs in South Carolina or North Carolina face the same basic consequences as civilians. These charges often arise when service members drive outside of bases while off-duty or on leave. The penalty for a first-offense DUI in South Carolina is a fine of up to $400, a jail sentence of up to 30 days, and a license suspension of up to six months. Aggravating circumstances such as hit-and-runs, prior offenses, or injuries/deaths may lead to much more severe consequences in South Carolina – including felony charges.
North Carolina refers to this offense as “driving while intoxicated” (DWI). The basic penalties for a first-offense DWI with no aggravating circumstances include a $400 fine and up to 60 days in jail. Other potential consequences include community service and license suspensions. Like South Carolina, North Carolina enforces much more serious consequences for repeat offenders, those who endanger children, and crashes involving injuries or deaths.
State DUI Charges Can Still Lead to UMCJ Consequences
Although soldiers may not face Article 113 violations for DUIs that occur off-base, state DUI charges can still lead to consequences under the UMCJ. When commanders hear about these offenses, they may proceed with courts-martial and NJP. Soldiers should not assume that they will avoid problems with their military careers just because their offenses occurred off-base and involved state authorities.
That being said, service members may be able to completely avoid issues with the UMCJ if they successfully defend themselves in civilian courts with help from lawyers in North Carolina and South Carolina. If service members achieve acquittals or prosecutors drop charges, military authorities will likely assume that these soldiers are innocent – and there may be no further consequences under the UMCJ.
Learn More About the Consequences of DUI With King Law Offices
A DUI charge is always a relatively serious concern, whether it involves a civilian defendant or a service member. However, those pursuing military careers may face distinct challenges after being accused of driving under the influence – and it makes sense to address these concerns effectively. Service members may be able to pursue positive outcomes with greater confidence alongside lawyers who have specific experience with the military-related consequences of DUI charges. This situation is relatively common among soldiers in the United States, and defendants do not need to approach these charges alone. Help is available from local, experienced DUI defense attorneys in North Carolina and South Carolina. To explore options for legal assistance, consider dialing (888) 748-KING for King Law Offices. Our South Carolina office is located in Rock Hill, while our North Carolina offices are in Winston-Salem, Cornelius, Charlotte, Waynesville, and Boone.