When you get a DUI, you will get kicked out of the military in some cases, but it depends on your specific circumstances. In general, getting a DUI in the military can lead to disciplinary action, such as a reduction in rank or separation. Whether or not you’re kicked out depends on the branch, your record, and the circumstances.
While DUI charges can be overwhelming for anyone who’s facing them, the stakes are often much higher for military personnel. That said, try not to stress yourself out too much. Instead, reach out to a Los Angeles DUI lawyer who can take on your case and defend you.
Military Regulations and DUI Offenses
The U.S. military maintains stringent standards of conduct, and alcohol-related offenses are taken very seriously. A DUI conviction in California can trigger a series of administrative and legal actions within the military, which may include the following:
- Non-judicial punishment (NJP): Also known as Article 15 proceedings, NJP lets commanders impose disciplinary measures without the need for a court-martial. Penalties can range from a reduction in your rank to the forfeiture of your pay.
- Court-martial: For more serious offenses or repeated engagement in misconduct, a service member could face a court-martial. This outcome can result in a number of penalties, which include you possibly being discharged from the military.
- Administrative separation: Regardless of the severity of your offense, a DUI conviction can result in administrative separation from the military. This process entails a full evaluation of your conduct and performance, which may result in an honorable, general, or other-than-honorable discharge.
Factors Influencing Discharge Decisions
There are many different factors that can influence whether or not you, as a service member, will be discharged from the military in the aftermath of a DUI conviction:
- Rank and position: Higher-ranking individuals or those in sensitive positions may face harsher consequences due to the expectations of their roles.
- Prior offenses: A history of alcohol-related incidents can mean more intense penalties, one of which is being discharged from the military.
- Unit policies: Different branches and units often have varying policies regarding alcohol-related offenses, which may affect the severity of your consequences.
- Impact on mission readiness: If your actions are deemed to have compromised unit cohesion or mission readiness, more severe actions may be taken in response to your DUI conviction.
California’s Military Diversion Program
Recognizing the challenges faced by military personnel convicted of DUI charges, the state of California offers a Military Diversion Program under Penal Code §1001.80. This program is designed for active-duty members and veterans alike.
If you are eligible and have been charged with a misdemeanor offense—including DUI—you might be able to participate in a pretrial diversion program instead of having to proceed with traditional prosecution.
The successful completion of this program can lead to the dismissal of your charges and the sealing of your arrest records. Here’s what the eligibility criteria entail for California’s Military Diversion Program:
- Current or former U.S. military service member
- Charged with a misdemeanor DUI offense
- No past history of participation in a prior diversion program
You must also be found to currently suffer from conditions such as post-traumatic stress disorder (PTSD), a traumatic brain injury (TBI), sexual trauma, substance abuse, or other mental health issues resulting from military service.
Additionally, this program is only intended for people facing misdemeanor charges. Felony DUIs will bar you from eligibility or acceptance into this program altogether.
Potential Military Penalties Beyond Discharge
Beyond the possibility of discharge, a DUI conviction can lead to additional military-specific penalties. Here are some examples:
- Loss of security clearance: A DUI conviction can result in the revocation of security clearances, which are required for most military roles.
- Demotion: Service members may face a reduction in rank, which can also result in a pay decrease and the loss of certain privileges.
- Ineligibility for promotions: A DUI conviction can hinder your opportunities for advancement within the military.
- Mandatory counseling or treatment: Participation in substance abuse counseling or rehabilitation programs may be mandated.
Call Us Today to Connect With Los Angeles DUI Lawyers Who Can Figure Out If You Will Get Kicked Out of the Military for a DUI
There’s no doubt that a DUI charge in California can impose serious consequences on the lives of military personnel who are convicted of driving under the influence. This type of charge can potentially impact your career, especially your standing within the armed forces.
While discharge is a possible outcome, it is not an automatic certainty. Try not to let the stress or uncertainty of a DUI charge convince you that you will without a doubt be kicked out of the military. Reach out to DUI lawyers in Los Angeles instead.
At Los Angeles DUI Lawyer, we can connect you with attorneys who can help you understand the military’s policies. With decades of experience giving people like you the resources they need, we can help you find a lawyer who can work with you to preserve your military career.
