Representing a Military Client in a DUI Case

Military service members — subject to both civilian and military courts — present special challenges to criminal defense attorneys. A service member arrested for an on-base DUI may be prosecuted under the Uniform Code of Military Justice by (1) administrative sanctions under an Article 15 nonjudicial punishment, (2) a combination of nonjudicial punishment and a nonmilitary federal prosecution, or (3) a court-martial. A service member arrested for DUI while not on his or her assigned base is subject to the local state laws and punishments as well as Article 15 nonjudicial punishment. Sometimes the discipline from the military in a DUI case can be used to lighten or eliminate the punishment from a civilian court.