San Diego DUI Law Center

Military Base

Fighting Federal DUI charges in San Diego or at a Military Base

If you were arrested for a federal court DUI or drunk driving anywhere in San Diego county – at Miramar, Camp Pendleton, North Island, any military base / naval station or other part of San Diego, why not call San Diego’s top DUI Attorney Specialist?

Simply complete this important online San Diego federal DUI Evaluation right now for Rick’s immediate response.

None of San Diego DUI defense attorney Rick Mueller’s United States District Court federal DUI or federal court drunk driving clients arrested on San Diego county bases have ever been convicted of DUI or drunk driving, except for just 2 instances resulting in a plea to .08% BAC only: (1) upon dismissal of critical penalty enhancements including a prior California DUI conviction and a Refusal to take a chemical test (which otherwise carries mandatory jail time), and (2) upon dismissal of felony assault with a deadly weapon with a vehicle for striking an MP while speeding extremely fast and dismissal of 7 violations committed after the high risk run through the gate).

Possible Military Consequences after an Off-Post San Diego DUI

A premier San Diego DUI defense lawyer is a must SOP on the civilian side.

If you are in the military and concerned about your Commander Officer, please consider permitting San Diego DUI defense lawyer Specialist Rick Mueller prepare for your CO a “Not Guilty” letter pointing out:

  • Federal DUI Attorney Mueller will personally appear in federal DUI court for you.
  • Your constitutional protections include the “Presumption of Innocence” in this federal San Diego DUI court case.
  • There presently exists no federal San Diego DUI court evidence of any guilt beyond a reasonable doubt.
  • Federal DUI Lawyer Mueller will vigorously defend your federal DUI court charge in San Diego so that it is not on your record!

This federal San Diego Court DUI consequence list is probably not all inclusive, and not all actions will be taken in every federal San Diego DUI court case, but the ultimate consequences could be severe.

There are some options available to the commander and what may result, separate and apart from the civilian disposition of the federal San Diego DUI court case. A top federal San Diego DUI court defense attorney on the civilian side can really help.

Military Punishment:

Here is a list of common actions that the United States Marine Corps or United States Navy may inflict on a marine, sailor or airman, if arrested or detained for a DUI or Drunk Driving charge in any part of the county of San Diego.

Immediate Suspension of all Favorable Personnel Actions (”Flagged”):

  1. No promotions
  2. No leave or passes allowed
  3. No transfer/reassignment by Permanent Change of Station
  4. No Temporary Duty assignment
  5. No selection to attend military schools
  6. Suspension of on-base privileges (see e.g. separate Camp Pendleton traffic court to suspend or restrict)

Relief for Cause from Duty Position with adverse Efficiency Report filed for record.

Suspension or Termination of Security Clearance, which bars access to sensitive equipment and information, prevents performance of classified military duties, and causes transfer or elimination from service.

You may need to consider these prospective security clearance issues.

Bar to Re-Enlistment imposed, forcing discharge at end of enlistment, ending career.

General Officer Memorandum of Reprimand filed in permanent record.

Mandatory/Command referral to ADAPC/ASAP (Alcohol or Substance Abuse Program).

Initiation of Reduction Board (to reduce in rank an enlisted person) for “inefficiency” or inability to perform at more senior rank.

Mandatory Separation if reduction causes “Retention Control Point” to be exceeded, which sets limits on length of service allowed for each rank. (For example, E-4/Corporal limited to 9 yrs service, E-5/SGT = 13 years maximum and short of retirement eligibility).

Administrative Elimination/Discharge Action, with likelihood of stigmatizing Less than Honorable Discharge, which denies veteran’s benefits, including Educational Assistance (G.I. Bill)

Quality Management Program review initiates discharge as “less qualified” for retention.

Upon Discharge, likely to be stigmatized with Re-Enlistment Code of RE-3 or RE-4, which prevents re-entry into military service (even in the Reserve Forces), despite a successful rehabilitation period, effectively preventing later qualification for retirement eligibility based on years of accrued service.

Punitive action under the Uniform Code of Military Justice (10 U.S. Code 801 et seq.)

Article 15 (Non-Judicial Punishment action) imposed by Commanding Officer, which may include reduction in rank, forfeitures of pay, restrictions on liberty, and extra (fatigue-type) duty.

Court-Martial, which may impose confinement, forfeitures, reduction in rank, and either a Bad Conduct Discharge or Dishonorable Discharge, both of which are stigmatizing and disqualifying for military and veterans benefits.

Perhaps one of the best military outcomes is a “Page 13,” which is basically a non-punitive counseling which will not hurt most people in the military. Once submitted, the military is not allowed to punish you again. You may also opt to not exercise the opportunity to add your rebuttal to a Page 13.

Your civilian San Diego DUI lawyer’s important skills in properly handling a San Diego DUI / Drunk Driving charge may help minimize any military penalty, big or small.

Do you think you now may need to retain a leading federal San Diego DUI court criminal defense lawyer who successfully gets federal United States District Court DUI cases dismissed, deferred, dropped, or reduced in every federal court DUI or drunk driving case in San Diego?