Tag Archives: united states district court

Military DUI: FAQ’s For Active Duty Soldiers Who Face A DUI Charge

military duiIf you are an active duty soldier and receive a military DUI (drunk driving) charge, you may face civilian DUI penalties or military DUI punishment.  This article will describe what military penalties are available and under what circumstances they are invoked. For information about DUI in the civilian courts, click on the appropriate category of the Ohio DUI Blog.

Who Will Prosecute My Military DUI?

The overwhelming number of DUI cases will be prosecuted in the civilian courts and the military authorities will not seek jurisdiction. Punishment under the Uniformed Code of Military Justice (court martial/Article 15s) is not available to the military if the civilian authorities are prosecuting your DUI case.  This is true even if your DUI case gets dismissed or reduced.  If you are facing a DUI charge and the civilian court takes your case you could theoretically face charges for crimes that the civilian authorities choose not to prosecute, but this almost never happens.

As with other aspects of a DUI case, make sure you hire an attorney who has some experience and can guide you through the civilian process.  It may become necessary for your  DUI attorney to handle your case in such a manner so as to assure civilian prosecution.  Other times it may be advantageous to have the military take jurisdiction.  Either way, you need an attorney with enough foresight to see the issues and enough gravitas to work with the proper authorities to seek relief.  At DaytonDUI, we have a former J.A.G. on staff and have represented soldiers and civilian employees since 1995.  We are located adjacent to Wright-Patterson Air Force Base in Fairborn, Ohio.  Charles M. Rowland II has testified as an expert witness in evidential breath testing for the United States in DUI court martial proceedings and has served as a city prosecutor responsible for handling DUI prosecutions.  He regularly appears in the United States District Court (DUIs on federal property) and in all Ohio civilian court jurisdictions on behalf of the accused soldier.  He is uniquely positioned to help.

Where Should I Go For Help?

If you have been charged with a DUI, your first stop should be your military area defense counsel (ADC).  The ADC will provide you confidential advice and can work with your civilian DUI defense attorney.  They usually have a good sense as to how the local court handles OVI matters and can help you from the military standpoint as well.  You should talk with ADC even if you have a civilian attorney as they can prepare you for any administrative action that the military imposes in drunk driving cases.  If the military takes jurisdiction of your DUI case and proceeds under Article 15, you are entitled to free representation via the Area Defense Counsel.  If you choose, you can have a civilian attorney represent you, but this will be at your own expense.  The ADC cannot represent you in civilian court. A great web resource is Military One Stop [Here], which provides information on military DUI and provided valuable information for this military DUI article.

To hire civilian counsel, contact Charles M. Rowland and read, “How to Hire A DUI Attorney.”

What Military DUI Punishments Are Available?

There are two forms of punishments that you may face if the military takes jurisdiction of your case.  The first group are UCMJ proceedings and include Non-Judicial Punishment (NJP) and Judicial Punishment (Court Martials).  The second group of punishments are Administrative Actions.

Commanders can levy NJP to soldiers under Article 15 of the UCMJ (Note: The Air Force and Army call these actions “Article 15s,” whereas the Navy and Coast Guard call the action a “Captain’s Mast” or “Mast” and the Marine Corps calls the action “Office Hours.”)  Under NJP, commanders can make an inquiry into the facts surrounding the offenses allegedly committed, afford the accused a hearing, and either dismiss the charges, impose punishment under the provisions of Article 15, or refer the case to a court-martial. Under NJP, commanding officers can punish you through a variety of mechanisms, usually dependent on the nature of the offense. These can include an official reprimand, extra duty, restriction to limits, forfeiture of pay, and reduction of grade. Id.  If you are stopped on the installation, or the civilian authorities are not prosecuting you, you can still receive a court-martial for a military DUI under Article 111 of the UCMJ. Article 111 specifically states that any person who operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired shall be punished as a court-martial may direct. Punishments related to court-marital can include forfeiture of pay, reduction in grade, confinement, and dismissal from the military.

What Administrative Actions Are Available?

So your DUI (drunk driving) case has been prosecuted in the civilian courts.  Can the military still take action against you?  Unfortunately, they can.  These actions can include:

  • Letter of Reprimand. A letter of reprimand is a formal document from your superior (usually a general officer) that details your wrongful actions and the punishment that can be expected. Although letters of reprimand are less severe than a court-martial, they can be career-ending as the letter remains in your record and can have adverse effects on your ability to receive a promotion.
  • Revocation of pass privileges. Your commander can revoke your ability to go on leave. If you are being charged by civilian authorities, this usually lasts until the civilian court proceedings are complete. If you are facing military punitive actions, this denial of leave typically lasts until your UCMJ punishments are served and complete.
  • Mandatory referral to a substance abuse treatment program. Your commander can mandate that you enroll in and complete a substance abuse treatment program through your branch of Service’s respective program.
  • Corrective training. Your commander may require corrective training if he/she believes you would benefit from additional instruction or practice in a particular area. This training is designed to correct deficiencies and eliminate the need for formal disciplinary measures in the future.
  • Administrative reduction in grade. Depending on your situation and your rank, your commander can reduce your grade. The rank of the commander who may approve an administrative reduction in grade depends on your rank.
  • Bar to reenlistment. A bar to reenlistment is a procedure that commanders may use to deny you the opportunity to reenlist after your current service is complete. This procedure is used for those whose immediate separation is not warranted, but whose reenlistment is not in the best interest of the military.

To learn more about you military DUI case, contact Charles M. Rowland for a free consultation.  Ohio DUI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Find city-specific Military DUI information at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

Federal Court DUI

Misdemeanor drunk driving charges occurring on federal lands (such as national parks and military bases)  fall under the jurisdiction of the federal courts. 

Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases a year in 48 of Ohio’s 88 counties.  The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati.  If you are arrested for a federal DUI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton’s Federal Building, 200 W. Second St., Dayton, Ohio 45402.  You can contact the Court at (937)512-1400 Monday through Friday from 9:00 a.m. until 4:00 p.m.  An Ohio DUI lawyer experienced in federal dui laws and drunk driving cases can explain the difference between state and federal prosecutions, and the potential penalties of each.

If you are arrested for DUI on Wright-Patterson Air Force Base, the court will apply Ohio law in adjudicating your case via the Assimilative Crimes Act.  Generally, you will face the same harsh penalties for a federal DUI as you would under Ohio DUI law.  However, under federal law the refusal to submit to a chemical test is a violation of the Code of Federal Regulations.  The Code of Federal Regulations does not provide for mandatory drivers license suspensions in refusal cases, but Ohio’s BMV will be notified of a chemical test refusal conviction, and will then impose the same license restrictions associated with a DUI conviction under state law.

Federal drunk driving is a serious charge that can result in fines, imprisonment, or both.  A DUI attorney experienced in handling federal DUI cases will develop a strategy to fight the charges and keep consequences to a minimum.  Charles M. Rowland II has handled federal DUI cases for over 15 years and is one of the few local attorneys to actually have tried a DUI case in federal court.  He has been used as an expert witness in military court martial proceedings and can offer the advice of a former J.A.G. on staff.  Contact federal DUI defense attorney Charles M. Rowland II at (937)318-1384 or at 1-888-ROWLAND.

Dayton Mediation Center

Dayton, Ohio

If you have a misdemeanor criminal case in Dayton, your attorney should consider the Dayton Mediation Center.  Established in 1987, the Dayton Mediation Center provides conflict resolution and mediation services in cases involving family conflicts, landlord-tenant disputes, elder care decisions, victim-offender dialogue, and school conflicts.  The motto of the Dayton Mediation Center is “from conflict to conversation.”  One of the proponents of mediation is U.S. District Court Judge, Walter H. Rice who stated, “What mediators do is not say this is how you resolve this situation.  What mediators do is take people and empower them to do the right thing, to resolve their disputes, and to continue with their relationship.”

Dayton Mediation Services are free to Dayton residents and available to organizations or those living outside of Dayton at a reasonable fee.  All mediations are private and confidential.  If you want to end a troublesome conflict or resolve a long-term dispute that is robbing you of happiness, energy or productivity call the DMC at (937) 333-2345 or visit www.DoMediation.com.  You can also visit the Dayton Mediation Center at 371 W. Second St., 3rd floor, Dayton, Ohio 45402.

If you find yourself in need of a Dayton criminal defense attorney, contact the law firm of Brown, Rowland, Babb & Campbell at 937-879-942.  Charles M. Rowland II (DaytonDUI) and Mark Babb have provided criminal defense services in the Miami Valley for over 16 years.  We dedicate ourselves to our clients and work hard to build obtain the results our clients expect.

Drunk Driving and Deportations

A Helicopter and two boats of the U.S. Customs...

Drinking and driving is never a good idea, but if you happen to be an illegal immigrant a DUI charge can mean more than just fines.

According to the Associated Press, drunk driving-related deportations have nearly tripled from 10,851 cases in 2008 to 28,635 in the fiscal year ending September, 2010. Another 13,028 illegal aliens were deported for other serious traffic violations – three times the 4,527 offenders deported in 2008.  If this trend continues, drunk driving may surge ahead of drug crimes to become the number one cause of criminal deportation.  The increase in DUI-related deportations helped the government set a record for the number of criminal immigrants forced to leave the country last year.

The rash of deportations over drunk driving calls into question the Obama administration’s claims that their immigration policy is focused only on violent offenders.  As recently as May 10, Obama said in a speech in ElPaso, Texas, that his administration was focused on violent offenders and not families or “folks who are looking to scrape together an income.”

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Military DUI: What Happens Now?

Wright Memorial at Wright-Patterson Air Force ...
Image via Wikipedia

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.

Enhanced by Zemanta