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DUI arrest on military property. Driving Under the Influence charges on federal property in the San Diego area

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DUI arrest on military property. Driving Under the Influence charges on federal property in the San Diego area

DUI arrests on military property, such as San Diego Naval or Marine Base, could be slightly different than arrests out in the civilian world. For example, the arresting officer would probably be a member of the military police.  A military police officer’s DUI training may not be on par with a California Highway Patrol Officer.  It is vital to examine the investigation to obtain the best possible outcome. You want to be proactive and contact The Law Offices of Mark Deniz.  Mark Deniz was a former prosecutor for almost 10 years.  Call us at (858) 751-4384.

Beyond the obvious, there are various procedural differences that could arise from an arrest of an active service member on military property. This article looks briefly at what one might expect. 

The first question is Jurisdiction

One of the first questions is simple: Is a military base DUI a military or civil matter? There are various possible outcomes: 

  • Nonjudicial punishment 
  • Court-martial 
  • Federal trial 
  • State trial 
  • Joint (or a combination) military-civilian trial 

As shown in the Cornell Law Library, nonjudicial punishment falls under Article 15 of the Uniform Code of Military Justice. Court-martial is generally a worst-case scenario, and the rest of the trial situations would probably depend on the unique elements of the case in question.

You want to be proactive and contact The Law Offices of Mark Deniz.  Mark Deniz was a former prosecutor for almost 10 years.  Call us at (858) 751-4384.

Conviction or dismissal?

As explained on FindLaw, California has strict penalties for DUI convictions. Therefore, whether the arrest happens on-base or off-base, the accused person’s goal should be the same: to avoid unnecessary and unwarranted consequences from the arrest. 

Ideally, a dismissal of charges could avoid restrictive court orders, alcohol education programs, license suspensions and the installation of ignition interlock devices. For service members, it is also probably a high priority to avoid military separation for misconduct. 

Some people fail to take DUI charges seriously, underestimating the complexity and consequences of these types of criminal procedures. Law enforcement agencies and government bodies take these types of offenses seriously — those accused should do the same.  You want to be proactive and contact The Law Offices of Mark Deniz.  Mark Deniz was a former prosecutor for almost 10 years.  Call us at (858) 751-4384.

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