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Civilian DUI on Military Base
An arrest for a drunk driving offense can have a disruptive impact on anyone's life; however, when a civilian is arrested for a DUI on a military base the potential implications continue to increase. A civilian DUI on military base results in the offender being charged with a federal DUI. Unlike a DUI on a public road or location, a DUI arrest on a military base occurs on federal land and is subject to different rules and regulations. In addition to facing the same punishments as a traditional DUI, a DUI on a military base often results in additional repercussions. Furthermore, should the civilian that is arrested be an employee on the military base than they could be terminated from their job.
Punishments for a Military Base DUI
If arrested for a civilian DUI on a military base you will be tried in a civilian court and not on the military base. However, because the offense occurred on federal land the case will be prosecuted in United States District Court If the individual is arrested for a DUI on National Park Service land or a US military base than the case will be prosecuted according to federal law. An Army JAG officer in state court will prosecute the case. The JAG officer will not be in uniform during the trial and instead will wear a suit and tie. Under the Code of Federal Regulations a DUI in national parks/military bases is to be prosecuted as a Class B misdemeanor. Punishments for the offense include six months in federal prison, a fine of up to $5000, and five years of probation and a driver's license suspension of up to one year.
Implied Consent Laws while on a Military Base
Furthermore, when stopped for a DUI on a military base, the individual is required to take a breath, blood or urine test under the implied consent laws. The implied consent laws state that a licensed driver has given permission for a field sobriety test by driving a vehicle. Essentially, the law implies that driving is a privilege and not a right. Therefore, the military base has an obligation to arrest an intoxicated driver to prevent injury, damage and death. Failure to participate in a field sobriety test can lead to additional charges. The penalties for a DUI if a breath, blood or urine test is not given includes an additional misdemeanor charge, increase in fines, loss of driving rights on federal property and an increased likelihood of jail time.
Why an Attorney Is Important
If arrested for a civilian DUI on military base it is crucial to contact an experienced attorney as soon as possible. The sooner an attorney is hired the quicker they can begin to review and process your case. Due to the added complexity of the DUI having occurred on a military base, hiring an attorney experienced in federal law and/or military law is a necessity.