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San Diego DUI Defense Attorney explains when someone gets a DUI while in the military. Former San Diego Prosecutor explains. San Diego DUI Driving Under the Influence & Military Members Personnel

by | Jun 16, 2020 | DUI, Firm News |

San Diego is home to a large military population. They can find themselves arrested and charged with a DUI Driving Under the Influence as much as anyone out on the roads.  The difference is the consequences are much greater for the men and women in the service.  It is imperative that they get the best possible outcome on their matter. 

Tough on DUIs

Over the years, the military has toughened its position on Driving Under the Influence charges. A few years ago, a member of the military would be facing a fine and some Captains mast.  Today, there is a possibility someone can be separated from the military.  The military will be watching intently to see the outcome of the DUI case.  It is imperative that you get the best possible outcome on your matter. 

Legal Definition of DUI

Driving under Influence (DUI) happens when one is found operating a motor vehicle while their blood alcohol content is above the legal limits set by the law, which are believed to be the levels that are safe for people to drive.  It can also include driving while intoxicated with drugs or a combination of drugs and alcohol.

According to the California Per Se law (Vehicle Code 23152 (b)), a person should not drive with a BAC level exceeding 0.08%, otherwise, they will be considered driving under the influence of alcohol. Generally, according to Vehicle Code 23152 (a), it is unlawful to drive when you are under the influence of any alcoholic beverage.

One is regarded to be under the control or influence if they are drunk while driving and also if their driving ability has been affected by drugs or a combination of drugs and alcohol.

DUI and Military Personnel

Getting a DUI can come with severe penalties.  For members of the military, they can be much steeper. In addition to the regular penalties someone may face when they get a San Diego DUI, the members will also face military punishment, which may include:

  • A dishonorable discharge from the military
  • Rank reduction
  • Pay reduction
  • Monetary Fines
  • Captains Mast
  • Loss of security clearance
  • Imprisonment

For military members, a simple conviction of DUI is enough to ruin one’s hard work as well as put his/her career in the military service to an end. Getting a dishonorable discharge from the service is not something one can take lightly; many members of the service work hard to avoid it at all cost. 

Best Possible Outcome

As a former Prosecutor, it was obvious to see there was an approach that is best when a member of the military is facing DUI charges.  You want to show via documentation the punishment that would occur on the military side of things to help mitigate the DUI case.  You want to show the prosecution what usually is a long list of positive fitness reports to show the person’s true character.  As you are discussing the legal defenses or a DUI case, you want to also emphasize the character of the serviceperson and their likely additional punishment through the military.  The combination often results in the best possible outcome given the facts.  Contact the Law Offices of Mark Deniz at 858-751-4384.  You want a former Prosecutor and defense Attorney with Proven results on your side.

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