What Happens After a Military DUI in San Diego County?

The circumstances of a military DUI will determine how the suspect is tried. There are three scenarios where a military DUI could occur:

• A service member gets a DUI off base.
• A member of the military gets a DUI on base.
• A civilian gets a DUI on base.

Each of these scenarios is handled differently. However, if a service member is arrested for driving under the influence at any location, the Uniform Code of Military Justice (UCMJ) requires that they face Non-Judicial Punishment (NJP) imposed by their superior officer under Article 15¹, or be court-martialed under Articles 16-20². These penalties apply in addition to any penalties imposed by the criminal court.

DUI On Base vs Off Base – What’s the Difference?

Whether the case involves a civilian or a service member, the criminal charges related to DUIs on a military base are filed in federal court because the crime took place on federal land. These cases are prosecuted by JAG officers.

If the arrest occurred off base, charges are filed in state court and handled like a standard DUI.

Here are some examples of how military DUI scenarios may play out:

• Jesse is a Navy lieutenant. He gets a DUI on the Pacific Coast Highway in Carlsbad and will face charges in the state court, most likely at the Vista Superior Court. Though he was not driving on base, he will still face additional NJP from his squad leader or court-martial.
• Amanda is a private in the Marines. She is driving in Camp Pendleton when she is stopped by an MP and is found to be driving drunk. She will be charged in federal court and be prosecuted by a JAG officer. She may also face court-martial or additional NJP, as determined by her lieutenant commander.
• Sarah is a civilian visiting her Marine boyfriend at the MCAS Miramar barracks. The two share a case of beer before she drives home, when she is pulled over by an MP and arrested for drunk driving. Though she is a civilian, her DUI case will still be prosecuted by a JAG officer in a federal court because she was on military property.

Can Attorney Liss Represent Me?

As a DUI defense lawyer who started his career at the Vista Public Defender’s office and now owns his own firm across the street from the North County Courthouse, Peter Liss has represented many Marines and other service members and civilians charged with on- and off-base DUIs in federal and state courts.

Court-martial cases are typically handled by military defense counsel. Although civilian lawyers may represent clients in these cases, attorney Liss focuses on defending service members in civilian DUI courts and DMV hearings —critical parts of your case that can still impact your career.

DUI Consequences for Active Duty Military in California

It can be stressful to go through a DUI while in the military since you have to navigate two separate systems at once. Everyone charged with a military DUI will face charges in either the federal or criminal court and have their license suspended by the DMV, but active duty personnel will also face penalties under the UCMJ. Here’s what outcomes you could potentially expect at both levels:

Civilian Court Penalties

State and federal sentencing are largely the same because federal DUI laws, including BAC levels and penalties, are based on the state where the offense took place.³ Consequences increase if a defendant has any priors on their record or the arrest involved any circumstances that could result in increased penalties.

Sentencing for a first-time DUI in California, including offenses charged in federal courts, includes:

• Up to 6 months in jail
• Fines of up to $1,000
• 3 months of DUI classes
• A license suspension of 6 months

Visit our dedicated practice page for more information on DUI penalties in California.

Federal Vs. State DUI Penalties

While the maximum penalties in federal courts are the same as those in state courts, the sentences actually issued are typically more lenient.

“Differences in sentencing for military DUI cases handled in federal courts in California come down to the fact that the JAG officer prosecuting the case has more leeway regarding plea bargains and sentencing,” explains attorney Peter Liss. “These officers tend to prefer alternative sentencing that doesn’t involve Marines or other soldiers pleading guilty to DUI charges.”

In many cases, deferred prosecutions are a viable option that ensure the offense doesn’t appear on the defendant’s criminal record.

California Diversion Programs

Those charged in state court may similarly qualify for a deferred conviction if they meet the requirements of the California military diversion program. This program is open to any current or former member of the armed forces who has substance abuse issues, sexual trauma, Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), or another mental health disorder related to their time in the service.

Diversion programs require offenders to undergo therapy and cooperate with the terms of their agreement until its completion. When the agreement is complete, the charges will be dismissed entirely and will not appear on the individual’s criminal record.

DMV License Consequences for Military DUIs

Anyone, including service members, who is charged with driving under the influence has only 10 days to request a hearing with the DMV, or their license will automatically be suspended after 30 days.

While people serving in the military often keep their home state’s driver’s licenses, they will still have their driving privileges suspended in California following a DUI. Thanks to the Interstate Driver’s License Compact, all but four states share driver’s license information and suspend the license of drivers charged with serious driving crimes in other states. The good news is that even those with an out-of-state license can still challenge their license suspension in an administrative per se hearing in California.

See our dedicated practice page for more information on license suspensions and DMV hearings.

Military Penalties

Under the Uniform Code of Military Justice, military personnel may face additional non-judicial consequences or court-martial for DUI. These consequences can have a profoundly negative effect on your career in the service and on your future outside the armed forces. Consequences may include:

• Reduction in rank
• Compulsory substance abuse treatment
• Corrective training
• Loss of driving privileges on base
• Reduction in pay
• Additional fines
• Imprisonment
• Lost security clearance
• Administrative separation
• Dishonorable discharge

Camp Pendleton DUI Defense Lawyer Representing Marines

Marines stationed at Camp Pendleton who drink and drive are often arrested for DUI while traveling throughout North County, particularly in Oceanside. These individuals are typically ticketed or brought to the local police station or the Vista Sheriff’s station for booking. They are usually tried in the North County Regional Center, in Vista, which is home to the Sheriff’s station and courthouse. Lawyer Peter Liss’ main office in Vista is directly across from the court where most North County San Diego DUI cases are handled. He has helped many Marines and other members of the military fight their San Diego County DUIs.

When an arrest takes place on Camp Pendleton, MPs typically take a suspect to the Provost Marshal’s office for processing and booking. Charges will be filed at one of the two federal courts on Broadway Street in Downtown San Diego.

Aside from civilian court penalties, Marines usually also face NJP from their commanding officer, though they may be court-martialed instead.

While he cannot help with court martials, attorney Peter Liss offers civilian DUI defense for Marines and other military service members arrested in:

• Camp Pendleton
• Oceanside
• Vista
• Carlsbad
• San Marcos
• Encinitas
• Escondido
• Fallbrook
• And the rest of San Diego County

Can a DUI End Your Military Career?

Yes, some people convicted of DUI are subject to administrative separation or dishonorable discharge, which are automatic career killers. If you are convicted of a felony, you will almost always be discharged because you will lose your ability to carry firearms, which is considered essential to serving in the armed forces. Fortunately, this outcome is less common for those charged with DUI as opposed to domestic violence, where every conviction results in lost firearm rights.

Even if you avoid discharge, consequences such as losing your security clearance, driving privileges, a reduction in rank, or jail can quickly destroy your promotion prospects and your future in the military. Act now to protect yourself.

Why You Need a Lawyer Experienced in Military DUI Cases

The jurisdictional issues alone mean these cases need someone familiar with these complex matters. Not all DUI lawyers in San Diego have the experience to handle military DUI cases. However, after working so close to Camp Pendleton for so long, attorney Peter Liss is well qualified to represent Marines and other service members in their civilian court and DMV hearings.

You Can Fight the Charges

While military bases may be under a different jurisdiction than most roads, MPs still must follow the same procedures as other police officers. Their traffic stops and DUI checkpoints must adhere to constitutional protections against search and seizure, meaning they must have reasonable suspicion to pull someone over and their checkpoints must be operated neutrally.

Common defense strategies against these charges include claiming:

• The traffic stop was illegal.
• Your rights were violated during the arrest.
• You were subjected to an illegal checkpoint.
• The DUI test was improperly administered.
• You have medical conditions that could affect the Breathalyzer.
• There was no evidence that you were intoxicated.

While these defenses are all effective, not every strategy works for every case. Do not attempt to defend yourself without an attorney present, or you may say something that will harm your defense.

For more strategies, see our dedicated defense page.

Speak With a Military DUI Lawyer Near Camp Pendleton

Don’t let one mistake cost you your military career. If you are a service member accused of driving under the influence of alcohol or drugs, call Peter M. Liss as soon as possible. Mr. Liss has represented personnel serving in the Marines, Navy, Army, Coast Guard, and Air Force against DUI and other criminal offenses, and he can help you as well.

Call (760) 643-4050 at any time to schedule a free, confidential consultation. Peter Liss accepts all major credit cards.