If you are charged with a DUI in Colorado on or off your military installation, you could face judicial, as well as non-judicial, punishments. It is important to understand all potential consequences of such convictions and seek professional assistance from a defense attorney who understands military and civilian consequences.
Civilian Penalties
If you are charged with a DUI off of a military installation, you could be subjected to criminal, as well as administrative, punishments by the state of Colorado. These punishments increase in intensity if you are a repeat offender, and even first-time offenders may find their punishments harsh. Just some penalties that you could encounter include:
- Criminal Penalties – This can include a fine, jail time, or public service time. These penalties are levied under the discretion of the court, and can vary depending on how many past convictions you have. Repeat offenders will receive longer jail terms and harsher fines.
- License Suspensions and Revocations – If your BAC is above the state’s limit or you refuse to submit to BAC testing, you could experience an automatic license suspension. If you are a repeat offender, you could face a driver’s license revocation. Administrative suspension terms can vary – ranging from a few months to years.
- Mandatory Alcohol Education and Assessment – You may be required to attend alcohol education or possible treatment services. This can be mandatory or voluntary as part of your plea agreement. These programs have conditions, as well – often, they are a condition to receiving your license back.
- Vehicle Confiscation – Your vehicle could be confiscated, and you may have to pay a fee to have it returned. Also, in order to drive again, you may be required to install an ignition interlock device.
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Military Punitive Actions
These actions under the Uniformed Code of Military Justice are what occur if you are not prosecuted by civil authorities. Punishments that you could receive include:
- Judicial (Court Martial) – If you are stopped on the military installation, you can receive a court martial for your DUI under Article 115 of the UCMJ. This punishment can result in a forfeiture of pay, reduction in rank, or dismissal from the military altogether.
- Non-judicial – Commanding officers are allowed to levy NJP to service members for minor disciplinary offenses under Article 15. You can be punished under a variety of mechanisms, depending on the severity of the offense.
You will also face military administrative actions, which include:
- A letter of reprimand in your file.
- Revocation of your base pass privileges.
- Mandatory referral to a substance abuse treatment program.
- Corrective training or a course designed to correct deficiencies or eliminate the need for other measures.
- Administrative reduction in your military grade.
- Being permanently barred from reenlisting in the military in the future.
Are You an Enlisted Member Being Charged with a DUI? Contact a Colorado Springs Criminal Defense Attorney Right Away
Whether you were stopped on or off of the military installation, you cannot risk your career and life for a DUI. Contact me, Christian A. Schwaner, P.C., today to explore your legal options. While I cannot represent you in your punitive military actions, I can defend you against the civilian penalties that you are facing. Call me at 719-577-9700 to schedule a consultation or fill out our online contact form with your legal questions.
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