Last Updated on March 18, 2025
San Diego has long been a military town. That tradition continues with the county still serving as the home of massive Marines, Navy, and Coast Guard bases, including Camp Pendleton, MCAS Miramar, the Coronado Naval Base, the US Coast Guard Air Station San Diego, and more. Because we are home to so many bases, we also are home to the largest concentration of military personnel in California, with over 110,000 active duty personnel located within the county at any given time.
Unfortunately, members of the armed forces are just as likely to be arrested for a drunk driving charge as the civilian populace of San Diego. However, due to the intersecting areas of military, federal, and state law, these charges are much more complex than those involving civilians. Even more concerning, when military personnel are convicted of DUI, the consequences can be even more problematic. If you are a service member charged with driving under the influence of alcohol or drugs in San Diego, contact a skilled military DUI defense attorney like Peter M. Liss as soon as possible.
Jurisdictional Issues for Military DUIs
The circumstances of a military DUI will determine how the suspect is tried. When a service member gets accused of driving under the influence of drugs or alcohol, they will face Non-Judicial Punishment (NJP) as determined by their superior officer.
They will also usually face charges as well, but the venue depends on whether the arrest is on or off base. When the arrest was on military property, the incident will be handled in federal court, and a JAG officer will prosecute the case. When the DUI occurred off of a base, the charges will be fined in state court.
When civilians are arrested for a DUI on a military base, they may not be subject to NJP, but JAG officers will still prosecute them in a federal court.
Here are some examples of how possible military DUI scenarios may play out:
- Amanda is a Navy lieutenant. She is driving on the Coronado Naval Base when she is stopped by an MP and is found to be driving drunk. She will be charged in federal court, and a JAG officer will prosecute the case. She may also face additional NJP, as determined by her lieutenant commander.
- Jesse is a private in the Marines. He gets a DUI on the Pacific Coast Highway, so he will face charges in the state court, most likely at the Vista Superior Court. Though he driving off the base, he will still face additional NJP from his squad leader.
- Sarah is a civilian visiting her boyfriend at the MCAS Miramar barracks. The two share a case of beers before she decides to drive 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.
While a civilian attorney may represent officers to represent them in a court-martial, Peter Liss does not offer these military justice services. I do have years of experience as a civilian lawyer handling military DUI cases in the federal courts though and representing military personnel in state courts.
Penalties for Military DUIs
Armed forces members accused of drunk driving on base, as well as civilians who get DUIs on military properties, will face charges in federal court. Because there are no federal DUI laws, they will be charged under California state DUI law.
However, while federal court DUI prosecutions follow the same laws, they don’t impose the same penalties. The sentences issued in these courts are typically more lenient than those instituted by state courts, whether the individual charged is a civilian or a member of the military. These differences in sentencing come down to the fact that the JAG officer prosecuting the case has more leeway regarding plea bargains and sentencing. These officers tend to prefer alternative sentencing that doesn’t involve members of the military pleading guilty to DUI charges. In many cases, deferred prosecutions are a viable option that ensures the offense doesn’t end up on the defendant’s criminal record.
When a member of the military faces DUI charges in state court after being caught drunk driving on public streets, they will face the same potential penalties as any other offender. However, they may qualify for a special 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.
Additional Consequences for Service Members
When a member of the armed forces is convicted of drunk driving, they also face NJP consequences specific to the US military. These consequences can have a profoundly negative effect on your career in the service, as well as your future outside the armed forces. When a member of the military is found guilty of driving under the influence of drugs or alcohol, they could face penalties all the way up to dishonorable discharge. Possible punishments for military members who receive a DUI on or off base 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
- Dishonorable discharge
Frequently Asked Questions
Will you get kicked out of the military if you get a DUI?
Members of the military may receive a dishonorable discharge if they are convicted of drunk driving, but this is rare and typically only instituted in the most problematic cases. For the most part, JAG prosecutors prefer plea bargains that leave service members without these convictions on their record.
What is the BAC on a military base?
The legal BAC of drivers on military bases is the same as any other California public road: 0.08% for adults and 0.01% for those under the age of 21.
Can you serve in the military with a DUI on your record?
Technically, the military is supposed to reject candidates who have been convicted of driving under the influence. However, it is sometimes possible for recruits to obtain a waiver to get in regardless of the incident on their record. An individual’s ability to obtain a waiver will vary based on the branch’s current recruiting numbers and the specifics of their DUI conviction. If you are interested in joining the military and have a criminal conviction on your record, speak with a recruiter.
Call a Military DUI Lawyer
If you are a service member accused of driving after using alcohol or drugs, call an experienced Peter M. Liss as soon as possible. He is an experienced criminal defense attorney in San Diego with over 40 years of experience. Over that time, he has represented personnel serving in the Marines, Navy, Army, Coast Guard, and Air Force against various crimes. I can defend you in your DUI case as well.
Contact my legal office at (760) 643-4050 or (858) 486-3024. I offer free consultations and accept all major credit cards.
Related article: Did you know a domestic violence charge could end your military career?
