San Diego Military DUI Lawyer – Defending Your Rights

Whether you are a military service member or a civilian, if you have been charged with driving under the influence (DUI) in San Diego, you face significant consequences that will require the assistance of an experienced and qualified San Diego military DUI lawyer.  You may have to appear in a civilian court, military court, and in some cases, both.  You may also face Captain’s Mast, Non-Judicial Punishment (NJP), and other adverse administrative actions from your chain of command.  In addition, you face suspension of your driving privileges from the State of California, you may be barred from driving on your installation, and there are a wide array of penalties that your commanding officer can impose. 

Although DUIs are frowned upon in both civilian and military worlds, the consequences of facing a DUI charge while serving in the military are usually more severe.  DUIs can be tried through a court-martial, which has more stringent guidelines than state courts, a jury/panel of the strictest members of society, and you can be convicted without a unanimous verdict.

If you have been charged with a military DUI, you probably have several questions regarding the DUI process.  Below you will find a complete guide to San Diego military DUIs, which we hope helps you better understand the applicable law and penalties you face.  This guide has been broken down into sections, depending on whether you are a civilian or a service member and whether you were arrested for DUI on a military installation or off of a military installation.  Before getting to the guide, however, we would take this opportunity to urge you to do your research and pick the most experienced and qualified attorney to represent you in this complex area of law. 

Why Choose San Diego Military DUI Lawyer Carl Marrone?

While many lawyers advertise their services as “San Diego military DUI lawyers,” few have the background and experience that San Diego military DUI lawyer Carl Marrone possesses – let alone the level of advocacy and skill he demonstrates in the courtroom.  As further described below, Carl’s unique combination of former prosecutorial experience and his military background distinguishes him from other San Diego military DUI lawyers.  

  • Prosecutorial Experience. Carl knows how DUI prosecutors think and act because he used to be one. Before joining the National Security Law Firm as a DUI defense lawyer, Carl served as a Deputy District Attorney (DDA) for Los Angeles County (the largest prosecutorial agency in the U.S.) for several years, where he prosecuted DUIs and other crimes.  The significance of this experience should not be overlooked or underestimated for two reasons:
    • First, hiring a former DUI prosecutor as your defense lawyer means that your lawyer thoroughly understands both sides of the courtroom.  Former prosecutors also thoroughly understand how the prosecution obtains evidence, prepares law enforcement officers for testimony, and develops their case to present at trial.  Accordingly, they will know firsthand just how weak the prosecution’s arguments may be and will be able to strengthen your case to exploit those weaknesses. 
    • Second, as a former prosecutor, Carl has handled hundreds of DUIs.  Most DUI defense lawyers, on the other hand, simply seek to settle cases outside of the courtroom by entering into plea bargains or entering their clients into diversionary programs without fighting for their clients, challenging the Constitutionality of a traffic stop, ensuring that law enforcement followed the National Highway Traffic Safety Administration (NHTSA) standards, and making the prosecution do their job.  Worse, some have never even taken a DUI case to trial and are afraid to do so.  Carl, on the other hand, has trial-tested experience with DUIs and is not afraid to take your case to trial if that means securing the most favorable result.  Thus, you can rest assured that Carl will not take the easy way out when it comes to representing you.  He always outworks the opposition.

Tip! If you are interviewing other lawyers, ask them if they have prior prosecution experience with DUIs, how many DUIs they have defended and prosecuted, and how many DUI cases they have taken to trial as the prosecutor or defense counsel. 

  • Military Experience. Perhaps even more important than having prior prosecutorial experience in this context is whether or not your San Diego military DUI defense lawyer is experienced in military law and the UCMJ.  Not only did Carl serve as a prosecutor in Los Angeles, but he also served as an active duty prosecutor and defense counsel with the United States Army JAG Corps. Moreover, he continues to serve our country as a Major in the U.S. Army Reserve JAG Corps.  Thus, because Carl has served as a JAG officer for his entire legal career, he knows how your chain of command thinks, he knows what advice they are receiving from their own JAG, and he knows what is at stake for service members. 
    • Even if you are a service member whose DUI is being prosecuted in a civilian court, as further described below, you can almost guarantee that your command will find out about your case and attempt to impose significant penalties.  Thus, it could be detrimental to your military career to rely on the advice and counsel of a civilian DUI lawyer who has no real experience navigating the military consequences that your DUI charge will involve. 
    • In addition to helping you navigate the more common military penalties that may be imposed, such as a GOMOR, as a National Security Law Firm lawyer, Carl Marrone and his colleagues have vast experience handling all aspects of military law.  They can proficiently advise you on other more nuanced consequences of a DUI on your military career, such as the revocation or suspension of your security clearance or your discharge from the military. Security clearance issues and discharges are highly specialized/niche areas of law that very few lawyers know about.  Thus, it is critical that the lawyer you retain to represent you in civilian court not only has significant civilian DUI defense experience, but is also an experienced military DUI lawyer. 

Tip! If you are interviewing other lawyers, ask them if they have current or prior military experience.  If so, be sure to inquire about the range of their military expertise to ensure that they can assist you with related issues that you may encounter regarding your military career, such as prospective issues with your security clearance. 

  • Reputation. As described above, Carl Marrone is an outstanding advocate and a distinguished trial lawyer.  When hiring an attorney to represent you, it is imperative that you thoroughly research your lawyer’s background.  An excellent place to start is to ask friends and family for referrals.  You can also conduct research using the internet, but be sure to check online reviews, which may be one of the best ways to determine a lawyer or law firm’s reputation.  Reviews also allow you to see what other clients have said about the law firm’s communication, organization, and fees.  You can read reviews for Carl Marrone and the National Security Law Firm by clicking here.  We believe they speak for themselves. 
  • Fees.  At the National Security Law Firm, we understand that a military DUI will require a lot of work and representation at multiple tribunals: civilian court, court-martial, your chain of command, the DMV, etc.  Rather than stack charges against you for each different representation, we believe in a single, reasonable flat fee that will cover all of your representation–regardless how many times we make an appearance on your behalf.  This is only fair to you.

Tip! If you are interviewing other lawyers, ask them for their fees and how they charge.  Most lawyers will stack fees against you if you require representation in civilian court, with your chain of command, the DMV, etc.  Make sure you know what you are signing up for, and don’t write a blank check! 

San Diego Military DUI Carl Marrone represents both military service members and civilians who are charged with DUI in military court (including Camp Pendleton, Naval Base San Diego, Naval Base Point Loma, Marine Corps Air Station Miramar, Naval Base Coronado, North Island, the Marine Corps Recruit Depot, and Naval Base 32nd Street) and civilian court (including all courts in San Diego, Orange, and Los Angeles County.  Moreover, if you are a service member, San Diego military DUI lawyer Carl Marrone can help you whether you serve in the Army, U.S. Marine Corps, Air Force, or the Navy. 

In short, whether you are a civilian charged with a DUI on a military installation or a service member charged with a DUI on or off of a military installation, Carl’s experience prosecuting and defending DUI cases in both civilian and military tribunals means that he can handle any situation competently and confidently.  Carl understands not only the implications in the military world, but also in the civilian world.  Moreover, his goal in defending against your DUI charges is to get them dismissed, reduced, or to secure a not guilty verdict, and he will use his background and experience to aggressively and skillfully pursue that end.  Carl understands the importance of your innocence and protecting your standing in the military and will work to prepare a sound defense if your matter must proceed to trial. 

Complete Guide to Military DUIs in San Diego

If you have been charged with a DUI in San Diego, it can be pretty confusing to figure out the applicable laws, penalties, and defenses that will apply in your case. Thus, this article will provide you with a general overview of DUI law as it relates to members of the military charged with DUI “on” and “off” base as well as civilians accused of DUI on military installations. 

It is essential to understand that the applicable governing law/statute (whether California’s DUI law or the federal DUI statute) will depend on whether you are a civilian or a service member and whether you were arrested on or off of a military base. Service members arrested for DUI can face criminal charges in either a civilian or military court (sometimes both!), depending on the location of their arrest.  If you are arrested off base, the civilian courts will almost certainly hear your case.  When stopped by military police on base, however, a military prosecutor will likely handle the case.  Either way, you risk having penalties from both the civilian and military justice systems. 

1. Military Members Arrested for DUI On Military Installations

Prosecutions of military service members who have been arrested for DUI on military installations take place in federal magistrate court.  They are governed by federal law, as opposed to California state DUI law.  Thus, active duty military members arrested for an on-base DUI are not subject to criminal charges in California civilian courts, nor are they subject to state administrative penalties imposed by the California DMV.

a) Elements of the Offense

Article 113 of the Uniform Code of Military Justice (“UCMJ”) (“UCMJ”) is the applicable federal statute that governs these DUI prosecutions.  Specifically, Article 113 of the UCMJ, which is entitled “Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel,” provides – in full – as follows:

(a) Any person subject to this chapter who—

(1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 912a (b) of this title (article 112a(b)), or

(2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the applicable limit under subsection (b), shall be punished as a court-martial may direct.

(b)

(1) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person’s blood or breath is as follows:

(A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of—

(i) the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or

(ii) the blood alcohol content limit specified in paragraph (3).

(B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is the blood alcohol content limit specified in paragraph (3) or such lower limit as the Secretary of Defense may by regulation prescribe.

(2) In the case of a military installation that is in more than one State, if those States have different blood alcohol content limits under their respective State laws, the Secretary may select one such blood alcohol content limit to apply uniformly on that installation.

(3) For purposes of paragraph (1), the blood alcohol content limit with respect to alcohol concentration in a person’s blood is 0.08 grams of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person’s breath is 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis. The Secretary may by regulation prescribe limits that are lower than the limits specified in the preceding sentence, if such lower limits are based on scientific developments, as reflected in Federal law of general applicability.

(4) In this subsection:

(A) The term “blood alcohol content limit” means the amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.

(B) The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and the term “State” includes each of those jurisdictions.

As can be seen, to be found guilty of driving while under the influence according to this statute, the prosecution must prove each of the following elements beyond a reasonable doubt: 

  1. That the service member was “operating” or in “physical control” of a vehicle, aircraft, or vessel; and 
  2. That the service member operated or controlled the vehicle, aircraft, or vessel either:
    1. In a “wanton” or “reckless” manner; OR
    2. While “drunk” or “impaired;” OR 
    3. That the alcohol concentration in their blood or breath either equaled or exceeded California’s applicable limit of 0.08%.
  3. [If applicable] That the accused thereby caused the vehicle, aircraft, or vessel to injure a person.

For Article 113, “operating” a vehicle, aircraft, or vessel includes not only driving or guiding a vehicle, aircraft, or vessel while it is in motion, either in person or through the agency of another, but also setting its motive power in action or the manipulation of its controls to cause the particular vehicle, aircraft, or vessel to move. “Physical control” describes one’s capability and power to dominate, direct, or regulate the vehicle, vessel, or aircraft, either in person or through the agency of another, regardless of whether such vehicle, aircraft, or vessel is operated. 

Moreover, the terms “drunk” and “impaired” refer to any intoxication sufficient to impair the mental or physical faculties of the service member.  Drunk is used to specify alcohol intoxication, while impaired refers to intoxication by a controlled substance.

Finally, “reckless” operation or control is apparent when the accused exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved.  It is operating or physically controlling a vehicle, vessel, or aircraft with such a high degree of negligence that if death were caused, the accused would have committed involuntary manslaughter, at least.  “Wanton,” on the other hand, includes “reckless,” but in describing the operation or physical control of a vehicle, vessel, or aircraft, wanton may describe willfulness, or a disregard of probable consequences, and thus describe a more aggravated offense.

To establish causation, the accused’s drunken or reckless driving must be a proximate cause of injury for the accused to be guilty of drunk or reckless driving resulting in personal injury.  Thus, their actions may not be the sole cause of the injury but serve as a contributing factor.

b) Potential Penalties Under the UCMJ

Unlike civilian DUI cases where the state statute imposes maximum sentences, military courts are given complete discretion when determining punishments. Moreover, military penalties may come either in the form of courts-martial or non-judicial punishment.

Courts-martial penalties under the UCMJ could include the following:

  • Confinement for six months; 
  • Forfeiture of all pay and allowances; 
  • Reduction in rank; and 
  • Either a Bad Conduct Discharge or Dishonorable Discharge, both of which would disqualify you from military and veterans benefits. 

Non-judicial punishment, on the other hand, might include:

  • Immediate Suspension of all Favorable Personnel Actions (a/k/a, being “flagged” or on “legal hold”); 
  • Inability to obtain promotions;
  • Revocation of leave privileges;
  • Inability to transfer/reassign by Permanent Change of Station (“PCS”); 
  • No Temporary Duty assignment (TDY);
  • No selection to attend military schools;
  • Suspension of on-base driving privileges; 
  • Relief for Cause from Duty Position with adverse Efficiency Report filed for the record;
  • Suspension or revocation of your Security Clearance, which could prevent your performance of military duties and cause your transfer or elimination from service; 
  • Imposition of a bar from reenlistment, which would force your discharge at the end of enlistment, thereby ending your career; 
  • The filing of a letter of reprimand, counseling, or General Officer Memorandum of Reprimand (“GOMOR”) in your permanent record;
  • Required referral to ADAPC/ASAP/SARP/SUDCC (alcohol abuse evaluation or treatment);
  • Initiation of a Reduction Board (to reduce in rank an enlisted person) for “inefficiency” or inability to perform at a more senior rank;
  • Mandatory Administrative Separation (AdSep) if reduction causes “Retention Control Point” to be exceeded, which sets limits on the length of service allowed for each rank; 
  • Administrative Elimination/Discharge Action, with the likelihood of a stigmatizing Other than Honorable (OTH) Discharge, which denies veteran’s benefits, including Educational Assistance (G.I. Bill) and VA health care; 
  • Quality Management Program (QMP) review initiates discharge as “less qualified” for retention; 
  • Upon discharge, likely to be stigmatized with a Re-Enlistment (RE) 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;
  • Article 15 (Non-Judicial Punishment, Captain’s Mast, Office Hours, etc.) imposed by a Commanding Officer, which may include reduction in rank, forfeitures of pay, restrictions on liberty, and extra duty; and 
  • Perhaps one of the best military outcomes is a “Page 13,” non-punitive counseling that will not hurt most people in the military.  You may also opt not to exercise the opportunity to add your rebuttal to a Page 13.

c) Defending Against a Military DUI 

Active military members facing charges under the UCMJ are entitled to free legal counsel provided by the military.  However, they also have the right to hire their attorney to defend themselves in such matters.  Undoubtedly, it is best to have a private San Diego military DUI lawyer defending you.  Most appointed uniformed counsels have no more than two or three years of total experience as an attorney – which is not enough experience to defend your case properly.  Moreover, similarly to public defenders in the civilian world, most appointed counsel are overworked, understaffed, and underpaid.  Finally, most appointed military counsel are afraid to stand up to senior Officers because they believe it will harm their career.

When facing the military’s unlimited resources during your prosecution, you should not put your freedom and future at risk due to an inexperienced defense attorney or an attorney who is more concerned about offending a senior Officer than securing your best interests.  As explained above, San Diego military DUI lawyer Carl Marrone is an experienced trial attorney who has handled hundreds of DUI proceedings, and, as an Army JAG, Carl Marrone has an extensive background in military law.  Most of all, he is not shy about aggressively advocating for you.

2) Military Members Arrested for DUI Outside of a Military Base

DUI prosecutions of service members who have been arrested outside of military installations take place in California state court and are governed by California law.  Moreover, service members arrested for DUI off base are also subject to state administrative penalties imposed by the California DMV. 

In addition, whether your DUI case is prosecuted in civilian or military court, there is no doubt that your commanding officer will hear about it.  Thus, it is important to understand that, even if your DUI took place outside of a military installation, in addition to the civilian penalties that may be incurred, your commanding officer has the authority to impose any of the punishments discussed in the section above, including filing a letter of reprimand or GOMOR, issuing an Article 15/Captain’s Mast, revoking and/or suspending your security clearance, among other penalties.

a) Elements of the Offense 

California’s drunk driving laws can be found in Vehicle Code section 23152. That section provides, in full, as follows:

(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.

(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

As can be seen, operating a motor vehicle under the influence of alcohol with a blood alcohol concentration (BAC) of 0.08% or higher will be charged. If, however, you are driving a commercial motor vehicle, a BAC of 0.04% or higher applies.  And, even if you are driving with a BAC of less than these amounts, you can still be convicted if you are found to be “impaired.”

In most instances, both Section 23152(a) and (b) offenses will be charged simultaneously.  Even though there is only one act, the law says that a defendant accused of drinking and driving can be convicted of both offenses but can only be punished for one (the punishments are identical). 

Vehicle Code 23140 sets forth California’s “zero tolerance” policy for those caught drinking and driving under the age of 21.  This means that you will be charged if you are arrested for driving under the influence of alcohol with a BAC level of 0.01% or higher.  Moreover, Vehicle Code section 23153 sets forth the law where an injury results from drunk driving.  In contrast, Penal Code sections 191.5 and 192 describe the offense of vehicular manslaughter where a death is involved. 

b) Military Diversion Program

If you are charged with a misdemeanor in state court (even if a DUI), and you are a former or current member of the military, you may be eligible for California’s Military Diversion program, which could result in the complete dismissal of your DUI charge.  Essentially, the Military Diversion program allows service members and veterans to have their criminal misdemeanor charges put on hold while completing a diversion program.  Upon completion, the charges will be dismissed.   

To be eligible for diversion and dismissal, you must suffer from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or other mental health problems due to your military service and complete a treatment program recommended by an appropriate professional and approved by the court.  You can read more about this program in our Complete Guide to California’s Military Diversion Program.  

While this program is very beneficial for many people, a word of caution: it is not appropriate for everyone, and most civilians and even military defense lawyers unfortunately don’t seem to appreciate this.  Your participation in the program, for example, can still be used against you for purposes of imposing military penalties, such as a GOMOR.  And, it can still be used to deny or revoke a security clearance.  Dismissal through diversion is not treated the same as an outright dismissal or finding of not guilty.  

Thus, one size does not fit all here. Although most civilian defense lawyers admit military members into this program as a matter of routine, Carl Marrone does not take the easy way out.  Instead, he thoroughly reviews and defends your case, raises valid defenses, and works to obtain a complete dismissal of charges or a not guilty verdict if good defenses exist.  

c) Potential Penalties in Civilian Court

If you are not a candidate for the Military Diversion program and you are convicted of a DUI in a California criminal court, you will also face criminal penalties, which will vary depending on the severity of your case as well as whether you have any prior or subsequent DUI convictions.  However, punishments commonly include:  

  • Administrative suspension or revocation of driver’s license by DMV;
    • If you are 21 years of age or older and your BAC was 0.08% or higher, a first offense will result in a four-month suspension, while a second or subsequent offense will result in a one-year suspension. 
    • If you were under 21 years old and your BAC was 0.01% or more, your driving privileges will be suspended for one year.  
    • If you refused to take a chemical test (regardless of your age), a first offense would result in a one-year suspension, a second offense within ten years will result in a two-year suspension, and a third or subsequent offense within ten years will result in a three-year suspension. 
  • Confiscation of the motor vehicle;
  • A maximum sentence of six months in county jail;
  • Court fines of up to $1,000;
  • Informal probation;
  • Installation of an ignition interlock device; 
  • Attendance at the “Hospital and Morgue” (HAM) program;
  • Attendance at the “Mothers Against Drunk Driving” (MADD) victim impact panel;
  • Community labor or community service; 
  • Arduous labor with CalTrans that frequently involves picking up trash near highways and freeways; and
  • Court-ordered substance abuse treatment.

The extent of these penalties can vary based on prior convictions and/or the aggravating factors, such as injury, at the time of the arrest.  

d) Defending Against a Civilian DUI for a Military Member

The military will not provide you with a lawyer if you are being prosecuted for DUI in the California civilian courts. Accordingly, it is essential to retain the services of an experienced San Diego military DUI lawyer. 

Moreover, a military service member lives in two worlds, one controlled by the military and the other controlled by civilian authority.  You must realize that even if the DUI criminal proceedings against you are dismissed in the civilian court, there can still be military consequences.  According to Article 113 of the Uniformed Code of Military Justice, an active duty military member may be court-martialed for driving under the influence even if the criminal proceedings against him are dismissed.  Under this law, any person who operates or physically controls a vehicle, aircraft, or vessel recklessly or wantonly or while impaired shall be court-martialed.

This means that even if your DUI charges are dismissed, or you are acquitted in civilian court, your command can choose to take punitive actions against you after your civilian criminal proceeding.  Thus, you must take control of your case early on.  Contact San Diego military DUI lawyer Carl Marrone immediately so he can begin strategizing the best defense for your state court DUI charges and any military consequences.

 Will a DUI Get You Kicked Out of the Military?

Yes, it is possible to get discharged from the military for a DUI.  In recent years it is becoming more common for a first-time DUI offense to lead to the end of your career.  However, for a second or subsequent offense, separation is a virtual certainty. 

Moreover, while every branch handles DUIs differently, if you are an officer or an NCO or Petty Officer, your chances of being discharged even for a first-time DUI are much higher than if you are a junior enlisted service member.  Other circumstances can also affect your chances of getting kicked out of the military for a DUI.  For example, if we are in the middle of a war, your chances of getting kicked out are much lower than during times of non-conflict. 

What is likely to happen due to your DUI includes demotion, loss of pay grade, restriction to base, and being temporarily barred from future promotions.  Thus, while you may not get kicked out of the military for a DUI, you can undoubtedly expect the DUI to impact your rank, pay grade, and future military career. 

Possible Defenses for a Military DUI

There are many possible defenses for a military DUI, and most of these defenses stem from specific legal rights that you have under the law – rights that are commonly ignored by the police and which you should be aware of.

  1. Lack of Suspicion. Before stopping your car, an officer needs reasonable suspicion that you are breaking the law–usually the California Vehicle Code–such as speeding, swerving, failing to use a turn signal, or even tinted windows.  After you are pulled over, the officer or deputy will conduct field sobriety tests (FSTs) to observe your performance.  The tests approved by NHTSA include: (1) horizontal gaze nystagmus (HGN), (2) the “walk and turn,” and (3) the “one leg stand.”  There are other tests that are sometimes used, such as having you close your eyes, look up, and count to 30 in  your head (“Romberg” test), but these are not NHTSA approved.  The officer or deputy will even be observing you while he/she is explaining the tests to you!  Failing these tests, smelling of alcohol, having a flushed face, or having bloodshot eyes can make an officer believe that you are under the influence of alcohol.  If your attorney can demonstrate that there was no reasonable suspicion to pull you over, or there was no probable cause to arrest you, your charges may be reduced or dismissed.  
  2. Proper Testing Procedures Were Not Followed. Various laws govern how police officers and trained individuals are to perform the standard field sobriety tests (FSTs) and blood and breath tests.  There are also requirements for calibrating and testing preliminary alcohol screening (PAS) devices and intoxilyzer machines.  Failure to properly follow those procedures and protocols can result in the results of the tests being thrown out, and it can also be used to call the credibility of the arresting officer into question. 
  3. Violation of Your Rights. If you are arrested for DUI, you have certain rights under the law, and if those rights are violated, it could be the basis for having your charges dismissed or reduced. For example:
    • a. Once arrested, you must be advised of your constitutional rights (the Miranda warning) before further questioning takes place; 
    • b. You must be given the choice of breath or blood testing, and, if you refuse, you must be advised of the legal consequences for refusing; and 
    • c. If you are administered a breath test at the police station, since you cannot save a breath sample, you must be given a chance to obtain a blood sample for later independent testing by your San Diego military DUI lawyer. 
  4. Inaccurate Test Results. Many things can cause an error in chemical test results.  For example, if the breathalyzer machine is not regularly calibrated, it can provide inaccurate results.  Also, mouth alcohol from the foods you may have eaten and certain medical conditions can affect breathalyzer results.  Even something as trivial as a burp can have an effect.

As you can see, many factors should be taken into consideration by your DUI defense lawyer to represent you competently, and all possible avenues that can result in a valid defense should be explored.  For this reason, we make sure to thoroughly review your case, which includes:

  • Obtaining a confidential written or oral account from you detailing everything that happened the night of the arrest, starting with the first drink and ending with the last contact made with the arresting officer;
  • Analyzing the criminal complaint/police report made by the arresting officer;
  • Determining whether any search and seizure issues exist;
  • Determining whether the arresting officer had reasonable suspicion to stop you; 
  • Thoroughly reviewing field sobriety tests that were given;
  • Reviewing any admissions you may have made to the arresting officer; 
  • Reviewing body worn camera and dashboard camera footage;
  • Whether proper procedures were followed during breath and blood tests; and
  • Any prior history of DUIs.  

San Diego Military Defense Lawyer Carl Marrone – The Best Military DUI Lawyer

As you can see, your DUI charges may jeopardize your military career and benefits, driving privileges, and even your freedom.  If you have been charged with a DUI, an experienced military lawyer is your most valuable resource.  Thus, choosing the best San Diego DUI lawyer to represent you is perhaps the most critical decision you will make when fighting your DUI charges. 

Carl Marrone will aggressively investigate, advise, and defend you against your DUI charges, whether you are facing UCM action, a military administrative hearing, or a civilian court. 

If you have been charged with a military DUI, your chances of securing a favorable outcome are only as good as the attorney you have by your side.  Carl Marrone can provide the assertive advocacy you need to protect your rights.  Don’t risk the dire consequences of a DUI conviction because of inadequate legal counsel.  Contact Carl Marrone at the National Security Law Firm at (202) 600-4996 for a free consultation.