San Diego, CA asked in Military Law for California

Q: For a DUI do you go to civilian court?

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1 Lawyer Answer
Robert Donald Gifford II
Robert Donald Gifford II
Answered
  • Military Law Lawyer
  • Oklahoma City, OK

A: Generally, yes. While a DUI could be the subject of an Article 15 or even a courts-martial - the military will generally defer to the civilian court system. If the DUI is off-base you will go to either the state or municipal court. If the DUI was on base, it will go to the federal court before a magistrate judge. Should you plead or be found guilty, you will likely receive Letter of Reprimand, a Negative counseling, and be required to attend some form of alcohol assessment or classes. Those classes may be required under the state or city as well as a part of any sort of probation. If there has been more issues in the military, they may use this to initiate administrative separation proceedings as well.

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