DWI Consequences for Members of the Military

WILMINGTON, NC, October 01, 2012 (Press-News.org) A drunk driving conviction is punished severely, even for first time offenders in North Carolina. Fines, prison time and loss of driving privileges are in the future for both military personnel and civilians caught driving while impaired and later convicted of criminal charges. But, for members of the military, the consequences of a DWI do not stop there. A drunk driving conviction can end a military career, even before it starts.

Those considering enlisting and those already in the military who have been charged with DWI should seek the assistance of an experienced DWI defense attorney in your area.

Enlistment and DWI

If you are considering enlisting in the Army, Navy, Marines, Air Force or National Guard, you will go through a detailed screening process during which a recruiter will discuss any prior criminal history. You will also be rescreened at MEPS (Military Entrance Processing Station) for any criminal behavior that may affect your ability to enlist.

If you have a DWI conviction, have pleaded 'no contest' or have an 'adverse disposition' on your record, you will likely need a waiver before you are able to move forward in the enlistment process. An adverse disposition means any disposition that includes a condition. For example, if the prosecutor agrees to dismiss charges if you write a letter of apology to the court, this is considered an adverse disposition and may require a waiver.

For those who are already involved in the enlistment process when arrested for drunk driving, typically your case must be closed before you can be processed into the military. You will have to serve out the terms of your sentence, including probation, before being cleared for basic training. If your sentence is deferred or you have completed it, all fines and court costs related to the DWI conviction must be paid before you can move forward with enlistment.

Each branch of the military may require a specific waiting period from the date of a drunk driving arrest before it will allow you to be processed forward for active duty enlistment.

DWI During Your Military Career

Generally, a member of the military cannot be tried for the same drunk driving offense in a military court-martial and a civilian court. Doing so has been found to violate the prohibition against double jeopardy in the U.S. Constitution. However, a member of the military who waives his or her right to a court-martial and accepts a non-judicial punishment (NJP) may still be tried and found guilty in a civilian court.

The NJP

A non-judicial punishment allows a member of the military to avoid a court-martial. It is an administrative process that allows for demotion and docking of pay without additional criminal consequences to the enlisted military member.

Whether agreeing to an NJP is in your best interests is something to discuss with your DWI defense attorney. If you are acquitted in a civilian court, you may be able to appeal the NJP to your commanding officer and request reinstatement of your rank and pay prior to the DWI charge. But, you must be acquitted.

An acquittal is not the same as a deferred prosecution, plea to a lesser charge or entry into a diversion program.

Military Consequences of a DWI

Driving while impaired includes driving with a blood-alcohol concentration (BAC) of .08 or greater as well as driving while appearing to be under the influence of an impairing substance, regardless of your BAC. As soon as you are arrested for DWI, any on-post or on-base driving privileges will be revoked by the military. It is likely that you will also receive a letter of reprimand from your Command.

For those stationed at Camp Lejeune, MCAS New River, MCAS Cherry Point, Fort Bragg or Seymour Johnson Air Force Base in North Carolina, a drunk driving conviction for active duty members of the military can mean:

- A loss of rank
- A loss of pay
- A loss of your security clearance
- Imprisonment
- Fines
- A dishonorable discharge

A DWI conviction for a soldier, seaman, airman, marine or guardsman can effectively end your military career even if you do not receive a military discharge. A criminal record may be considered a reason to choose another person when promotions are made, meaning you may not be able to make rank and advance as necessary to remain on active duty.

Creating a solid DWI defense strategy with a drunk driving defense lawyer to fight criminal charges may be your best option to avoid prison or fines and save your military career. If you are in the military and have been arrested for drunk driving, an experienced DWI defense attorney in your area can help you fight the charges you face and try to minimize any consequences related to your military career.

Criminal defense attorney Ryan Stump, of Roberts Law Group, PLLC, defends individuals throughout the Wilmington, NC area accused of misdemeanor and felony offenses including drunk driving (DWI), drug offenses and sex crimes, among others. Visit our website at www.wilmingtonlawteam.com to learn more about our successes and our Wilmington criminal defense practice.

For more information about the Roberts Law Group, see the criminal defense website and criminal defense blog. Patrick Roberts and Jesse Scharff are skilled criminal attorneys who defend against sex crime charges, DWI charges and abuse charges, among other criminal charges in Raleigh. To contact criminal lawyer Patrick Roberts or attorney Jesse Scharff, please contact the law firm or call 866-630-2389 for a free consultation. Roberts Law Group can also be followed on Facebook at www.facebook.com/nc.criminal.defense.