While getting a DWI in Texas is a serious, high-stakes affair for anyone in the Lone Star State, it can be even more catastrophic for members of the United States Armed Forces. What happens if you get a DWI in the military? Americans currently serving who are under suspicion of DWI need to act fast because a conviction can mean criminal charges and a discharge from their branch, depending on the circumstances.
Continue reading to find out how DWIs are punished in the military, or if you or a loved one is facing a DWI case that you can’t afford to lose, call Thiessen Law Firm today at (713) 864-9000 for representation. Mark Thiessen and the Houston DWI lawyers at Thiessen Law Firm made their name by beating tough DWI cases for their clients.
What happens if you get caught drinking in the military?
Drinking in the military is a relatively normal thing; soldiers deserve to wind down just like the rest of us — and some might argue have even more of a right to it. However, there are specific rules about when and how those on active duty are allowed to drink, and if they are found to be in violation of these rules, the consequences can be dire.
- If you are caught drinking on-duty, you face the maximum possible military punishment, which is a bad-conduct discharge, including loss of military benefits and pension.
- If you are caught drinking and driving, either on-duty or off-duty, you may face severe punishments from the military justice system as well as the criminal justice system in state courts.
Continue reading: Can you join the military with a felony?
What happens if a military member gets a DWI?
Getting a DWI can be a bit more complicated for active military members than it is for normal folks, mostly because in addition to the legal consequences in state courts, they also have to deal with the military justice system. Additionally, they can expect to face a number of military-specific administrative actions that civilians would never have to face.
Legal consequences
Upon being charged with a DWI, a military member will likely face immediate legal action. This may include arrest, detainment, and charges being filed both under civilian law (if the offense occurred off-base) and military law. The member’s commanding officer will be notified, and a formal investigation will be launched.
Additionally, the military justice system can prosecute the offense under the Uniform Code of Military Justice (UCMJ) if it happened on base or if it involves a military vehicle, and therefore, it is possible to face charges in the military justice system as well as in state courts.
Administrative actions
Another concern for active members of the military charged with DWI is the administrative actions may be taken by the military. These administrative actions can include suspension of driving privileges on base, mandatory counseling or rehabilitation programs, and potentially being placed on a performance improvement plan.
The military also considers the member’s overall conduct and a DWI charge can significantly impact evaluations and future career prospects — if they let you remain in the program.
Do you get kicked out of the military for DWI?
Whether you’ll be kicked out of the military for a DWI depends on a number of things, including the severity of the offense, your record of conduct, and the specific policies of your branch of the military.
Whether you’re dealing with the Navy DWI policy or the Army DWI policy, many of the same factors will determine your future.
- Severity of the offense
- Whether the offense occurred on- or off-base
- Your previous record of conduct
Getting a military DWI off-base can actually be worse than getting one on-base because you will immediately be subject to the legal consequences that a civilian would be subject to, but would still face the military consequences later. Getting a military DWI on-base, however, can mean facing punishment from the military justice system and possibly, through UCMJ Article 15, avoiding civilian penalties.
What is UCMJ Article 15?
Under the Uniform Code of Military Justice Article 15, commanding officers can punish a soldier for criminal offenses without formally charging them at a court martial.
This process is known as “mast” or “captain’s mast” in the Navy and Coast Guard, “office hours” in the Marine Corps, and “Article 15” in the Army and Air Force.
UCMJ DWI punishments
There are a few stipulations for when Article 15 can apply, but in general, the non-judicial DWI penalties under it include:
- Extra duties, which involve performing additional duties beyond normal working hours.
- Restriction of privileges, usually confinement to a specific area, such as barracks or the ship, for a certain period, or revocation of driving privileges.
- Forfeiture of pay, in which they withhold a portion or the entirety of your pay for a specified time.
- Reduction in rank can include strikes against your rank or demotion to a lower rank, which can affect pay and career progression.
- Reprimands, which include formal written or verbal admonishment, will count against you for future infractions.
Service members do have the right to appeal their UCMJ DWI punishments but would likely prefer to face the non-judicial punishments for their actions rather than having them escalated into civilian state courts.
Punishments for DWI in the state court system look something like this:
| Offense | Charge | Maximum fine | Jail time |
| First offense DWI | Class B misdemeanor | $2,000 | 3 – 180 days |
| Second offense DWI | Class A misdemeanor | $4,000 | 180 days – 2 years |
| Subsequent DWI offenses | Third-degree felony | $10,000 | 2 years – 10 years |
| DWI with a child passenger | State jail felony | $10,000 | 180 days – 2 years |
| Intoxication assault | Third-degree felony | $10,000 | 2 years – 10 years |
| Intoxication manslaughter | Second-degree felony | $10,000 | 2 years – 20 years |
Keep in mind that people charged with military DWI can face punishments only under UCMJ, punishments only from state courts, or both. This kind of complexity is why, if you’ve been accused of getting a DWI in the military, you need the best DWI lawyer in Houston if you’re looking to protect your freedom.
Military DWI? Call Thiessen Law Firm to defend your future.
So, what happens if you get a DWI in the military? Getting a DWI in the military can have long-reaching consequences for both your personal life and your military career — up to and including dishonorable discharge and revocation of your pension.
The stakes couldn’t be higher, and depending on the severity of your offense, your prior conduct, and whether or not the offense occurred off-base, you could face punishments from both the military justice system and state courts.
If you or a loved one in the military is facing charges for a DWI, don’t wait. Call Thiessen Law Firm at (713) 864-9000 or contact us online today to begin defending your career and your future.
More Helpful Articles by Thiessen Law Firm:
- How Much Does a Houston DWI Lawyer Cost?
- Can You Get a DWI on Prescription Drugs?
- Refusing a Breathalyzer in Texas: Why “Do Not Blow” is Bad Advice
- What Happens After Being Arrested for a DWI
- Can a Breathalyzer Test Be Wrong?
