A lot of people don't realize the severe consequences they can face when they are arrested for a DUI and they are serving in the military. Basically, the military has a standard that if you have any alcohol in your system and you can't safely operate a motor vehicle then they're going to find that you are DUI.
Not only will you face potential loss of your license and other penalties and punishments related to criminal conduct, you're also looking at consequences related to your military service.
Potential Discharge From Military
In other words, you could be discharged from the military and you could be punished related to your license as well. So, there's a whole host of penalties and usually the military is going to be more harsh when it comes to these DUIs.
Obviously, they don't want people serving who are unsafe and likely to drink alcohol and drive or operate any type of a car, machinery or anything having to do with their employment. When you're in the military you're obviously in a position where people's lives are in your hands so you want to make sure that if you get one of these DUIs that you don't take it lightly and do everything you possibly can to get a good result.
Military Diversion Statute
I would suggest, if you're in the criminal court, you obviously want a criminal defense attorney who practices in that court. But if on the other hand, you're actually in a military court, you want to get an attorney who does military law and has experience with that and understands the military diversion statute.
A lot of times you can be appointed somebody there, but that person's probably going to be a younger attorney who doesn't have a lot of experience.
Especially if you have a close case — you could actually win the case — you want to make sure you've got an attorney who knows how to fight, knows how to challenge the JAG prosecutors in a military court and knows the ropes and the ins-and-out of that particular courthouse.
Because if they don't, they're going to lose and you're going to lose severely because of all of the potential punishments.
Lawyer Familiar with Military DUI Cases
You could basically be facing a dishonorable discharge from the military under circumstances that are not going to be good for you. Also, you'll want to make sure that you protect your interests related to any criminal proceedings outside of the military because that affects your driving.
It could affect your liberty and a number of different things that could give you penalties that interfere with your military service as well.
So, if you've got a military DUI you want to do your research, find an attorney who is familiar with these type of cases and knows how to get the best result.