DUI While Visiting a Military Base

Military DUI

DUI While Visiting a Military Base

DUI While Visiting a Military Base


Despite a common misconception, obtaining a DUI is still possible on a military base. Regardless if you are a civilian or not, Military bases have a zero tolerance for driving under the influence. In California, there are a significant number of military bases. This results in the instances of obtaining a DUI on a military base occurring quite often.

 

When on Base

When you are on base, regardless of what state the base may be located, any civilian driving onto the base, falls under the federal jurisdiction. If a DUI is committed by a civilian once on a military base is considered a federal offense. This federal offense falls under the Code of Federal Regulation. Falling under the Code of Federal Regulation means the local Superior Courts in California does not handle the issue. Many bases have a “zero tolerance” approach when it comes to civilians driving under the influence. Military police officers possess the same the same authority as civilian police officers to stop vehicles if there is probably cause, administer field sobriety tests, and arrest drivers who are suspected of driving under the influence.

 

Local Superior Court

Civilian offenses do not fall under the Uniform Code of Military Justice (UCMJ). Alternatively civilian offenses will be gave a referral to the United States Attorney for filing within the Federal Court. Even though the case will not necessarily be filed in the local Superior Court, the incident will probably, but not necessarily be reported to the California Department of Motor Vehicles (DMV) and then driver then has 10 days to request an administrative hearing.

If one does not file a request for an administrative hearing within the necessary time frame, an automatic license suspension will take effect. Civilians who obtain a DUI while visiting a military base qualify for certain rights and protections in Federal Court. These rights and protections are identical to the ones they would recieve in the California Superior Court.

 

Consequences

If a civilian gets a DUI conviction while visiting a military base, the consequences can be plentiful. In Federal Court, the consequences can consist of prison time, large fines, and a suspended license for up to 1-year. Consequences will increase in the case of a second or subsequent conviction or if there are aggravated circumstances such as DUI accident that resulted in severe injuries or fatalities.

 

Aftermath

In the unlucky event that you or someone you know obtains a DUI visiting a military base as a civilian in San Diego, you should contact a lawyer immediately. Rick Mueller, California DUI Lawyers Association Specialist, has years of experience dealing with DUI cases. To improve your chances of a favorable outcome, call Rick Mueller, California DUI Lawyers Association Specialist to get the best possible outcome for your specific situation.

 


DUI While Visiting a Military Base

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