Camp Pendleton Marines Face Severe Consequences for DUI

When a civilian client gets arrested for driving under the influence (DUI), known in California as a violation of California Vehicle Code (CVC) §23152(a) or §23152(b), I inform them that such a charge requires fighting a two-front battle. First, you are fighting a civil/administrative battle with the Department of Motor Vehicles. Second, you are fighting a criminal battle with the charging District Attorney’s office that is prosecuting your case.

When members of our Armed Forces get arrested for DUI off-base, there are additional penalties they are facing as a result of their employment as a member of the military. The primary DUI laws and penalties imposed on members of the military are established in the Uniform Code of Military Justice (UCMJ) and the Manual for Court Martial (MCM). These military enhanced consequences are IN ADDITION to the civilian penalties and consequences if the military member is convicted of DUI.

Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law. Defending clients against DUI charges requires engaging in all three battles; the civilian charges in criminal court, the admin per se sanctions imposed by the California DMV (as well as the DMV in the state of residence of the military member, as many are not California permanent residents or California licensed drivers), and the military base and/or court martial proceedings.

It should be noted that being arrested for DUI on base is VERY different than being arrested off base, mainly because of the difference between state jurisdiction over a person whereas the military base falls under FEDERAL jurisdiction. A member of the military could be excluded from civilian prosecution if the DUI offense occurs within the federal jurisdiction of a military base.

Each branch of the armed services has its own specific disciplinary actions and loss of privileges for DUI & alcohol related misconduct by its members. For example, Marines stationed in Camp Pendleton who are arrested for DUI in Oceanside, San Diego or other surrounding areas will face a military administrative hearing to determine whether they will be able to keep their on-base driving privileges. Often the base commander will revoke such privileges in the hope of encouraging the member to stay on base, or alternatively, to get someone else to drive if they will be leaving base for a night out. Such revocation of driving privileges can have drastic affect on the client whose primary job may be driving heavy machinery or other military transportation vehicles. In fact, some Marines have been discharged as unable to perform their duty as a result of their driving privileges being suspended.

If you are a Marine on active duty in Camp Pendleton and have recently been arrested for DUI in Oceanside, San Diego, or anywhere in Orange County, you are potentially facing discharge from the Marine Corps due to these allegations. You need the help of an experienced DUI attorney that knows how to best protect your rights and privileges and can increase the odds of retaining employment. Call the experienced DUI lawyers at Houston Law of California TODAY to evaluate your case and plan for your defense. The military process will happen much more quickly than the DMV and criminal action. DO NOT WAIT! We are available 24 hours per day, 7 days per week at 714-841-3921 or email us at Info@HBLawyers.net for a prompt and confidential response.