Military DUI: What Happens Now?

February 7th, 2011 by DaytonDUI Leave a reply »
Wright Memorial at Wright-Patterson Air Force ...
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The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations.  Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law.  We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of an OVI offense.  This limits the ability of commanding officers in protecting their soldiers from harsh consequences and places more and more emphasis on fighting your DUI case.

Defending military clients against DUI charges requires engaging in three battles; the civilian charges in criminal court, the administrative sanctions imposed by the Ohio Bureau of Motor Vehicles (as well as the issues in the state of residence of the military member, as many are not licensed in Ohio), and the military base infrastructure which may or may not include court martial proceedings.  In Ohio, local prosecutors defer to the military in decisions of jurisdiction.  This means that your case may be tried in the civilian courts, or in a court-martial proceeding.  In court-martial proceeding, the legal standard for “impaired” is easier to meet and the punishments more severe. Air Force/military DUI law also does not adhere to state blood alcohol levels, and if deemed under the influence by the hearing officers at the military trial, any blood alcohol level is sufficient for a conviction.  You can expect the case to move much more quickly than in the civilian system.  You can choose to have a private attorney represent you in this case or rely on Area Defense Counsel.  At DaytonDUI we have a full time former J.A.G. officer on staff that can help you with a range of issues related to your DUI arrest.  In addition, Charles M. Rowland II has been certified as an expert in evidential breath testing and has testified as such in court martial proceeding.  Charles M. Rowland II has tried DUI cases in the federal courts.

Located in Fairborn, we have had the privilege of representing hundreds of active duty, civilian and government contracting clients.  We focus 100% on winning your case and having the DUI removed from your record, keeping your record clean and preventing you from losing your license.  We also provide good advice on dealing with out-of-state license issues that may eventually cause problems in your home state.  Given our track record, we are able to help in cases that seem impossible and focus on saving your military career.  You will be treated fairly and meet with the utmost in forthrightness when it comes to matters of billing.  All we do is DUI defense and we do it well.

Contact us today at (937) 318-1DUI or 1-888-ROWLAND or 24/7 at 937-776-2671.  We have offices near Wright-Patterson Air Force Base and can provide 24 hour consultations.  Free initial consultations are provided and you are encourage to check us out at www.DaytonDUI.com or visit the Ohio DUI/OVI Blog at www.DaytonDUI.com/blog.  We can help save your career and get your life back.

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