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The Champion

March 2016 , Page 34 

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Representing a Military Client in a DUI Case

By John Hunsucker and Austin Young

Military clients present special challenges to criminal defense lawyers because military service members are subject to both civilian and military courts. The place of arrest is the most significant factor in determining the course of prosecution for a military DUI. A service member arrested for an on-base DUI may be prosecuted under the Uniform Code of Military Justice (UCMJ)1 by (1) administrative sanctions under an Article 15 nonjudicial punishment (NJP),2 (2) a combination of NJP and a nonmilitary federal prosecution, or (3) a court-martial.3 

Often, prosecution for an on-base military DUI is an NJP combined with federal prosecution under the Assimilated Crimes Act (ACA). This combination of punishments has been challenged as a violation to the Double Jeopardy Clause of the Constitution.4 A service member arrested for DUI while not on his assigned base or post (off base) is subject to the local state laws and punishments as well as the military-imposed Article 15 no

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