Driving under the influence (DUI) is serious in any setting, but for service members, it carries unique consequences under the Uniform Code of Military Justice (UCMJ). Beyond the potential for fines and license suspension, a DUI can impact your rank, pay, and long-term military career. Facing a charge under the UCMJ requires a clear understanding of the process, your rights, and the steps you can take to protect your future.
How the UCMJ Addresses DUI Offenses
Under Article 111 of the UCMJ, it is a criminal offense to operate a vehicle while impaired by alcohol or drugs. Unlike civilian DUI laws, a UCMJ DUI can result in both military and civilian prosecution, depending on where the incident occurred and whether it involved government property or personnel.
A DUI charge may arise:
- On base
- While driving a government vehicle
- Off base, if local law enforcement notifies your command
Even if you’re arrested by civilian authorities, your command can still pursue administrative or court-martial action under military law.
The UCMJ DUI Process
1. Traffic Stop and Testing
Military or civilian officers may conduct field sobriety and chemical tests. Refusing these tests can trigger automatic administrative penalties, including loss of base driving privileges, and can be used against you in military proceedings.
2. Command Notification
If arrested by civilian police, your command will be notified. Depending on the details, your command may handle the matter through:
- Nonjudicial punishment (Article 15)
- Administrative separation
- Referral to a court-martial
3. Investigation and Legal Representation
You have the right to legal counsel, either from a detailed military attorney or a civilian defense attorney experienced in court-martial law. A skilled defense lawyer can help challenge test results, procedural errors, or unlawful command actions early in the process. Early intervention allows your attorney to preserve dash-cam footage, blood test samples, and other evidence critical to your defense.
4. Court-Martial or Administrative Hearing
Depending on the circumstances, a DUI may lead to:
- Nonjudicial Punishment (NJP): Reduction in rank, pay forfeiture, or extra duty
- Special or Summary Court-Martial: Confinement, further pay loss, or reprimand
- General Court-Martial: Reserved for aggravated or repeat DUIs, carrying the risk of discharge and confinement
Local DUI Protocols for Service Members in Colorado Springs
Because of its concentration of military installations, Colorado Springs follows coordinated procedures between civilian and military authorities. Here’s what to expect locally:
- Civilian DUI penalties: Colorado’s legal limit is 0.08% BAC. A civilian conviction may lead to fines, probation, or jail time.
- Command involvement: Your commanding officer may impose administrative sanctions even if your civilian case is pending.
- Base driving privileges: Losing your on-base driving privileges for 6 to 12 months is common after a DUI arrest.
- Mandatory programs: Many commands at Fort Carson or Peterson SFB require participation in alcohol education or rehabilitation programs before reinstating driving rights.
Because both systems can proceed at once, you need a defense strategy that addresses civilian DUI laws and military UCMJ procedures simultaneously.
Penalties for a DUI Under the UCMJ
Consequences can vary depending on your rank, prior record, and whether anyone was injured. Potential penalties include:
- Reduction in rank or pay
- Forfeiture of allowances
- Confinement (up to 6 months for standard cases)
- Dishonorable or Bad Conduct Discharge
- Loss of security clearance and benefits
Even a first-time DUI can stall your career advancement or affect reenlistment eligibility.
Defense Strategies for Military DUI Cases
An effective defense requires challenging both the evidence and the procedures followed. Common defense approaches include:
- Questioning the legality of the traffic stop or arrest
- Contesting the accuracy or calibration of breath and blood tests
- Highlighting procedural or rights violations during the investigation
- Presenting evidence of command bias or mishandled reporting
An attorney can also work with your command to minimize exposure and seek administrative outcomes instead of a full court-martial.
Talk to a Colorado Springs Military DUI Defense Attorney Today
A DUI under the UCMJ can threaten everything you’ve worked for. The attorneys at Court Martial Law understand both the military and civilian legal systems and will fight to protect your record, rank, and reputation.
Contact us today to schedule a confidential consultation and discuss your defense strategy.