DUI, Drunkenness Offenses, Recklessness Offenses and Endangerment Allegations – Military Defense Lawyer

Military DUI, Drunkenness Offenses, Recklessness Offenses and Endangerment Allegations Can be Very Serious and Can Threaten Your Military Career and Future.

When military members are accused of these offenses, they can face a variety of military adverse actions and disciplinary actions, to include court-martial trial. If you are a military member facing this type of allegation, you need a strong military defense lawyer as your advocate. Attorney Richard V. Stevens is a civilian court-martial defense lawyer and military defense lawyer. He began handling military cases in 1995 and he has been handling military cases for over 30 years. This has included numerous cases involving these alleged offenses. Attorney Stevens, and the military defense law firm he founded, are here to provide you with the zealous defense you are seeking to protect you from the potential consequences of these military criminal claims.

Before describing these military offenses, it is important to explain that we do not handle civilian cases. We only handle military cases. So, the offenses described on this webpage are all military offenses. We do not represent military members charged with DUI or other offenses in the civilian world and/or civilian court system (unless the military ultimately takes jurisdiction of the case and pulls it into the military justice system).

Leaving the Scene of a Vehicle Accident (UCMJ Article 111)

These military allegations are charged under Uniform Code of Military Justice (UCMJ) Article 111. This military offense covers the following:

This offense covers two scenarios – the accused military member as the driver of the vehicle or as the senior passenger in the vehicle. Specicially:

(a) DRIVER — A military member —
(1) who is the driver of a vehicle that is involved in an accident that results in personal injury or property damage; and
(2) who wrongfully leaves the scene of the accident —
(A) without providing assistance to an injured person; or
(B) without providing personal identification to others involved in the accident or to appropriate authorities;

(b) SENIOR PASSENGER — A military member —
(1) who is a passenger in a vehicle that is involved in an accident that results in personal injury or property damage;
(2) who is the superior commissioned or noncommissioned officer of the driver of the vehicle or is the commander of the vehicle; and
(3) who wrongfully and unlawfully orders, causes, or permits the driver to leave the scene of the accident —
(A) without providing assistance to an injured person; or
(B) without providing personal identification to others involved in the accident or to appropriate authorities.

Drunkenness and Other Incapacitation Offenses (UCMJ Article 112)

These military allegations are charged under Uniform Code of Military Justice (UCMJ) Article 112. This military offense covers the following:

(a) DRUNK ON DUTY — A military member who is drunk on duty.
(b) INCAPACITATION FOR DUTY FROM DRUNKENNESS OR DRUG USE — A military member who, as a result of indulgence in any alcoholic beverage or any drug, is incapacitated for the proper performance of duty.
(c) DRUNK PRISONER — A military member who is a prisoner and, while in such status, is drunk.

Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel (UCMJ Article 113)

These military allegations are charged under Uniform Code of Military Justice (UCMJ) Article 113. This military offense covers the following:

(a) A military member who —
(1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 912a(b) of this title (UCMJ Article 112a(b)), or
(2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the applicable limit. (For DUI in the military, that limit is 0.08)

Military members should be particularly aware of the various “bottle to throttle” rules regarding operation of military aircraft, vehicles, and vessels.

Endangerment Offenses (UCMJ Article 114)

These military allegations are charged under Uniform Code of Military Justice (UCMJ) Article 114. This military offense covers the following 4 scenarios:

(a) RECKLESS ENDANGERMENT — A military member who engages in conduct that —
(1) is wrongful and reckless or is wanton; and
(2) is likely to produce death or grievous bodily harm to another person;

(b) DUELING — A military member —
(1) who fights or promotes, or is concerned in or connives at fighting, a duel; or
(2) who, having knowledge of a challenge sent or about to be sent, fails to report the facts promptly to the proper authority;

(c) FIREARM DISCHARGE, ENDANGERING HUMAN LIFE — A military member who, willfully and wrongly, discharges a firearm, under circumstances such as to endanger human life;

(d) CARRYING CONCEALED WEAPON — A military member who unlawfully carries a dangerous weapon concealed on or about his person.

Over our many years of military law practice, our civilian court-martial defense lawyers have defended numerous military cases alleging these offenses. With regard to alleged DUI offenses in particular, Attorney Stevens has defended military members accused of DUI on military installations, as well as in the civilian community when the military takes jurisdiction of the offense (usually due to involved property damage or injury). Depending on the factual scenario alleged, these cases can be complicated and can be quite serious.

Handling these serious military cases requires the expertise of a skilled military defense lawyer. A military member accused of these offenses could face extreme jeopardy – possible federal criminal conviction, lengthy jail terms, dishonorable discharge or dismissal, and a variety of other legal, professional, personal, and family consequences.

An experienced and aggressive defense attorney is absolutely vital in these military cases.

Civilian court-martial defense attorney Richard V. Stevens is a civilian criminal defense attorney and former active duty military JAG lawyer who exclusively practices military law and defends military members stationed around the world who are facing military trials, discipline and investigations. If you’re facing these military allegations, don’t hesitate to seek the legal help you’re going to need. For a free initial case consultation, please contact us.

No attorney can guarantee the outcome you seek in your military case. What we can promise is that we will apply our decades of experience to the defense of your military case. This includes our extensive experience in military law, military regulations, military investigations, military disciplinary actions, military adverse actions, and/or military court-martial trials and cases.

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