El Paso, TX asked in Military Law for Texas

Q: What happens if my husband got a DUI on the base?

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

A: Generally, assuming the DUIs happen in the "exclusive federal jurisdiction" areas of a base, most bases (and posts) usually let the federal court handle all of the DUIs (regardless if the person is a service member or not). The cases are usually prosecuted by a Judge Advocate who is appointed as a Special Assistant U.S. Attorney and are normally just misdemeanors. Some bases will handle DUIs of service members thru the chain of command (UCMJ or administrative punishment). Some Air bases have concurrent jurisdiction with the state and those could be handled thru the state - but those are the rarer instances.

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