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Unique Aspects of DUI Charges Against Military Members in NJ

Skilled Military DUI Defense Attorneys Dedicated to Defending Military Service Members Charged with Driving under the Influence in Burlington County, New Jersey

A DUI can make life difficult, but for a military member, the consequences are doubly burdensome. Members of the U.S. military face two separate penal systems when they get a DUI in New Jersey, one in the civilian realm and one in the military. Moreover, the consequences of a DUI are especially harsh for a member of the armed forces. For some, a military career may even end after an arrest and conviction for drunk or drugged driving. 

Given the overlapping courts, tribunals, and potentially severe consequences of a DUI charge against a military service member in New Jersey, hiring an attorney with experience handling military DUIs for your case is the best decision you can make to preserve your future and prevent the extreme detriments that may occur in your personal and professional life after a DUI conviction. At Proetta, Oliver, & Fay, our partners include former Assistant Deputy Attorney General William Fay, who brings the unique insight and experience of prosecuting federal cases and operating within the federal court system to our clients’ defense.

Contact our local office in Burlington County, New Jersey to speak with one of our attorneys free of charge. You can send us a message or call (609) 850-8284 for a free consultation. Our phones are answered 24 hours a day, 7 days a week to best serve your needs. Connect with us to discuss your military DUI case and begin the path toward protecting your future.

The Broad Impact of DUI Charges on Members of the Military in New Jersey

Depending on where the DUI occurred, on or off base, a military member could face DUI charges for violating the New Jersey traffic laws and further penalties for violating military regulations. Article 15 of the Uniform Military Code of Justice (UMCJ) concerns punishment outside the formal court-martial process. Higher-ranking officers may punish soldiers for military offenses, thus avoiding formal military court processes. Otherwise, a court-martial is the process of determining whether a member remains in the military.

Standard Penalties for DUI in Municipal Court when Military Personnel are Arrested Off Base in NJ

When a person in the military faces a DUI arrest off base in New Jersey, they are looking at multiple fines and fees totaling in the hundreds of dollars, not including expensive insurance surcharges for three years, for a conviction. They also pay for installing and renting an ignition interlock device (IID), which is mandatory under New Jersey law for a DWI. An IID includes a breathalyzer test that prevents a vehicle from moving when it detects a minute amount of alcohol, specifically 0.05%.

Further, an individual with a DUI conviction must attend an Intoxicated Driver Resource Center (IDRC) for a minimum number of hours per day that varies with the degree of intoxication, substance, and DUI history. Whether a service member will spend time in jail also depends on those factors and a judge’s determination.

A DUI in New Jersey is a traffic offense with quasi-criminal implications. The penalties include potential imprisonment when a municipal court judge determines the appropriate penalty to punish and deter further infractions. However, a military member may face both military and civilian proceedings and penalties for a DUI.

DUI Charges Against Service Members on New Jersey Military Bases

A DUI on base is a federal case determined using state law. A DUI in New Jersey falls under the Assimilated Crimes Act, which allows state law to govern an offense that is not punishable under a congressional act. Thus, a formal proceeding occurs in federal court before a federal magistrate, where the United States Assistant Prosecutor is the adversary. The prosecutor must prove the accused operated a motor vehicle while impaired.

Under state law, a DUI conviction occurs when a prosecutor proves a driver’s intoxication level impaired their ability to drive safely. A blood alcohol concentration (BAC), as recorded by a breathalyzer, of .08% or higher is the legal threshold for illegal intoxicated driving warranting a DUI. However, the military may determine a lower BAC is actionable.

The service member faces stiff penalties if found guilty, just like in civilian court. Depending on whether the DUI is their first, second, or third offense and the blood alcohol concentration (BAC) recorded by a breathalyzer, the member faces fees, fines, surcharges, license suspension, an IID installation, and possible jail time (mandatory when it is the third offense). Additionally, a military member could face probation as determined by the federal magistrate.

Non-Judicial Consequences for Military Member DUI Offenses in NJ

UCMJ, Article 15, aims to discipline service members for minor offenses and deter future misconduct. A military commander may determine and dole out the punishment for a military member, typically quicker and lighter than a court martial. However, an Article 15 punishment is not a criminal conviction and is not dependent upon a civilian court DUI conviction.

Punishment options for those stationed and arrested at Fort Dix/McGuire Joint Base, Lakehurst Naval Station Sandy Hook, or another federal base include confinement, substance abuse training, reprimands, warnings, fines, rank demotion, extra duty, or correction through training.

Potential Penalties after Court Martial for DUI Charges Against NJ Military Servants

A commanding officer may also recommend a court martial. In that case, the service member can be subject to a Summary Court Martial, Special Court Martial, or General Court Martial. The first type is for minor offenses. The second is for more serious offenses, but not as serious as the third type. Special and General Court Martials require attorney representation, as the consequences of incarceration or dishonorable discharge have numerous repercussions.

A convicted member by a court-martial may be dishonorably discharged from the military with a lifetime bar from re-enlisting. They risk losing military benefits, pensions, and salaries, going to military prison, a rank reduction, formal reprimand, loss of security clearance, loss of base benefits, and/or enrollment in a drug and alcohol rehabilitation program.

Connect with a Knowledgeable NJ Military DUI Lawyer at Proetta, Oliver, & Fay Today

If you are a member of the military facing charges for driving while intoxicated or driving under the influence in New Jersey, it is imperative that you connect with an attorney who is highly familiar with military, federal, and state law to help handle your DUI case. An experienced military DUI defense attorney such as William C. Fay, Esq. understands defensive options and the unique aspects of these charges against members of the U.S. Army, Navy, Air Force, Marines, and National Guard. For example, our attorneys at Proetta, Oliver, & Fay may challenge the results of your breathalyzer as unreliable. Your DUI may get dismissed if we can show that the breathalyzer machine was inaccurate.

In addition, the federal court jurisdiction allows defendants to calculate their BAC by an alternative to a breathalyzer as part of their defense. Retrograde extrapolation uses approved scientific and mathematical methods to derive a BAC when driving the subject vehicle, considering factors such as the rate of an individual’s alcohol elimination, absorption, and metabolic rate. Using this method, our lawyers may be able to challenge the allegation that the driver had a BAC of .08% or higher when they drove a vehicle. This defense is allowed in federal courts on military bases.

Other defenses that our attorneys well-versed in military, state, and federal DUI cases may consider involve challenging the prosecution’s evidence. For example, we may invalidate the field sobriety testing standards as flawed and inconsistent. Contact our legal team anytime at (609) 850-8284 to discuss your military DUI case in New Jersey and how we can assist with your most effective defense.