DUI State/Military

[Rhyno49]

What is the name of your state? Washington

What are the rules concerning prosecution for DUI in the military? Can the military charge you for the same crime that the state is prosecuting you for? Maximum allowable punishments from the military for offenders? In the case of a administrative separation, can the military use the full punishments (45/45,1/2 x2, etc..), while the state is preparing to prosecute as well?What is the name of your state?

[Shay-Pari'e]

And JAG said what, when you asked them?

[fozzy2]

A DUI that occurrs in federal jurisdiction will usually be dealt with either by a federal magistrate judge, or under the UCMJ. The preferred method is to use the magistrate judge but a military commander can always request to handle an incident under UCMJ authority. The military prefers the federal judge because they can almost always hand out more severe sanctions than a military commander under the UCMJ (most DUI will be handled as NJP). Among other things, it is a federal conviction (so it goes on your criminal/NCIC record and there goes your insurance, etc.).

An off-post DUI will normally be handled by the state or local authorities who make the charge. The military will not normally prosecute as well, but that doesn't mean they can't. Keep in mind, however, that the military can and certainly will take *administrative* action if you are found guilty by a civil court. The law (32 Code of Federal Regulations 634.12) states that a written letter of reprimand should be issued and that the person should then be screened for Administrative 1)reduction in rate 2)bar to re-enlistment or 3)separation, as the situation calls for.

[madMA]

If you are charged with the civilian DUI, you will not be charged with Art 111, you will probably be charged with Art 92, as I'm sure the CO has a policy that states that you will not drink and drive....Cheers....