Drunken driving and serving in the military can be a hazardous mixture. Perhaps this is the key reason why the military has particular guidelines in regards to DUI (driving under the influence) and DWI (driving while intoxicated) arrests and convictions. Regardless of whether or not you would like to join the army or are already serving in the military, a DUI or DWI charge can have a huge impact on your military career
The protocols that apply to an active member of the military are quite different from those that apply to civilians. The legal aspects are also not different. If a motorist is charged for driving while inebriates and he or she is an active member of the military, he or she will be handled according to military law. Military law is different from the legislations applied in your state in regards to BAC (blood alcohol content), first time DUI offense amongst other DUI related charges.
Since military personnel are duty-bound by military legislations, drunken driving cases are usually convened in military courts. Sadly, the penalties for DUI convictions, for example, loss of driving privileges, jail time, monetary fines and compulsory alcohol treatment class lead to dishonorable discharge. Therefore, it is imperative that you enlist the services of an experienced DUI lawyer with knowledge in military law to help you dismiss or reduce the charges if you would like to continue with your military career.
Even though DUI related cases within the military are handled in military courts and subjected to military law, civilian criminal attorneys are allowed to help. Nonetheless, in-depth knowledge of the military law is imperative. In contrast to civilian criminal cases, cases processed in military courts are usually handled with a lot of haste. Besides, there is no jury present to hear your case. Since being convicted for DUI means rank reduction, loss of security clearance and pay rate deduction if you are in an active member of the military, it is important that you seek the legal counsel of a DUI attorney.
On the other hand, if you are contemplating pursuing a career in the military, previous DUI arrests or convictions can be equally devastating. Even though the effect of a civilian verdict can be more adaptable compared to military conviction, DUI or DWI convictions make it hard for potential enlistees to join the military. Nonetheless, the good news is that you can still enlist in the military based on other merits. For most scenarios involving driving under the influence or driving while intoxicates, extraordinary permissions are required in order to enlist in the army.
As is the case with other careers, before joining the military a background check has to be carried out. Sadly, military is not akin to other professions. In order to become a member of the military, you need to have high moral standings. Although you may have a single DUI arrest or conviction on your record, it is still regarded as a disqualifier and can prevent you from joining the army.
Nonetheless, there are exceptions. If an enlistee notifies a recruiter about his or her past DUI conviction, a waiver can be provided. Waivers are accessible to persons who have been arrested or convicted for either first-time or second-time DUI offenses. In the event you are allowed to join the army with a waiver, you may be prohibited from working in certain positions since you do not qualify for security clearance.
Since the description of high moral standing is not precise, it is highly recommended that you hire the services of a DUI lawyer with an aim of having the charges dismissed.
About Guest Post Author:
Christopher J McCann is a DUI lawyer in California with lots of experiences with criminal defense laws. Should you need help on joining the military with a DUI or in need of legal representation of your DUI case in California, you can visit his website cjmdefense.com or you can also follow his tweets at @CJM_Law_Firm to get the latest updates from him.
