Apart from domestic violence, DUI (driving under the influence) is also one of the most rampant offenses in Las Vegas and the rest of Nevada. So rampant the even professionals and assigned forces of the State commit it, and this includes individuals in Nevada military bases. Yes, there are also cases of DUI in the military.
Now what happens if it is a DUI in the military? Does the law affect them differently from the ordinary citizens of Nevada? Or are they bound to suffer the same consequences, if found guilty? Let us find out with this article.
DUI and its effects
Las Vegas is a hub for bars and nightclubs so it is no surprise that it is also a hotspot for DUI offenses. Just recently there was an upsurge of DUI crashes in Las Vegas that forced authorities to ask for the public to help in any way they can.
When a police officer sees your eccentric way of driving that matches the signs of a driver being under the influence, they will pull you over and test you through several field tests and a Breathalyzer. If the results show that you are way over the assigned blood alcohol or substance concentration, you can be arrested for DUI which packs either a misdemeanor or a felony charge.
Penalties for DUI in the military
There is something called concurrent jurisdiction where the United States government as a whole and the State of Nevada have legal powers over someone who allegedly committed a crime. This works well for military cases.
In Nevada, if you are a military personnel and you violate DUI in Nevada military bases, you will be subjected to the grounds of the Uniform Code of Military Justice. According to the U.S. Code Section 911 Article 111, anyone including civilians and military personnel who operates a vehicle, aircraft, or vessel while under the influence shall be punished by the court-martial. The State where your base is, for this matter Nevada, will also incur you some punishments such as revocation of your driving privileges.
Now if the DUI military violation was done off-base or anywhere else in Las Vegas, you will most likely only face the civilian court of Nevada. However, a court-martial should not be ruled out. If you are taken in by the Nevada court, do not expect that the military to lay their backs meaning you can still face certain disciplinary actions. Civilians who are arrested for DUI in the army base will have to deal with the federal government as crimes inside a government-owned land is a federal offense.
Apart from DUI punishments already established, someone in the military who perpetrated DUI might experience limited access to the Nevada military bases, demotions, and ultimately a dishonorable discharge.
Getting into the military with a DUI history
The armed forces of America employs a Zero Tolerance Policy on DUI so expect that it will be difficult to get into the military if you are hoping so. However, it is not all at lost. If you are only charged with a misdemeanor without injuries or destruction of property and you have completed all required programs for your character then there can be hope for military recruiters to take a chance on you.
The military’s stringent stand about military DUI should be understandable, they are taught all about DUI and it can be counterintuitive for them to welcome in someone who was previously convicted of the very crime.
Defenses against DUI for military
Being tried in both the civilian court and the court-martial is a very daunting and very taxing thing to be involved in. For this, you undoubtedly need a criminal defense attorney that could legally represent you in all fronts.
Together with your defense attorney, some of the defenses that you can use against DUI in the military are ones commonly used for standard DUI cases such as there is no actual DUI involved or the blood alcohol concentration level did not go beyond the limit. Plea bargains on DUI can also be an effective instrument to lessen the charges.
While what is listed above is helpful, it still is best to work with your entire defense team to come up with specific defenses that could retain your military honor.
DUI in the army can put a rift to the current reputation that you have. It is good to have a Las Vegas criminal defense attorney by your side to eradicate any DUI military charges against you but the best solution you can have is avoiding any type of criminal offenses in the first place especially if you have military ranks or performing services for the general public.