Whether you are in the military or not, getting a Driving While Intoxicated/Driving Under The Influence charge is always difficult to deal with. This type of charge is not taken lightly under any state government and accompanies penalties that could change your life forever.
However, when you are actively serving in the military, the consequences of facing a DWI charge are much more severe than if you were an ordinary civilian. Getting a charge for Driving While Intoxicated while on active duty in the military could result in a dishonorable discharge, being demoted from your position, a reduction in your pay, or even fines or an imprisonment term. Those who want to make a career out of being in the military and don’t want to lose their status in the military should not gamble with a Driving While Intoxicated charge.
Read on to learn more about what happens if you get a DWI/DUI charge while actively serving in the military, and turn to the Law Firm Of Gianni Karmily if you need help fighting back against this type of charge.
Why Is Getting A DUI In The Military Worse Than Getting A DUI As A Civilian?
If you receive a Driving Under The Influence charge while you are actively serving in the military, you may see a trial via a court martial. A court martial is the military’s highest level trial court. This court tries service members for the most serious crimes. A court martial typically has stricter guidelines than typical state court proceedings do.
Are There Different Legal Limits For Blood Alcohol Content For Military Personnel?
In typical state court proceedings, there is a state mandated legal limit of how much alcohol can be permitted in your bloodstream while you are driving. In New York, for civilians over twenty one, the legal limit is below 0.08 percent. This is detected by a breathalyzer device. However, in the military, if any trace amount of alcohol exists in your bloodstream at the time you were pulled over, law enforcement officials consider that trace amount to have impaired your ability to drive a vehicle, and you will be subsequently charged for Driving Under The Influence. It does not matter how much alcohol or how little alcohol exists in your bloodstream at the time of being arrested. If you are found with any alcohol at all in your bloodstream at the time being arrested, and you are an active military personnel, you will face harsh penalties.
What Are The Penalties For Getting A DWI/DUI While In The Military?
The penalties for getting caught while driving under the influence while in the military are much more severe than if you were just caught as an average civilian. When a military service member is convicted for a Driving Under The Influence charge, they will need to take a strong defense in order to not lose their military position, pay, or active military status. Getting a DUI in the military could lead to being dishonorably discharged from the United States military, and losing your veteran status and therefore your potential to recoup veteran status benefits in the future such as when you retire.
How Does New York DWI Attorney Gianni Karmily Help Me Fight Back Against A DWI Charge?
As your DWI defense lawyer, Gianni Karmily will review the evidence brought forth by the prosecution. In reviewing the evidence, Gianni Karmily can find the most optimal method of casting doubt on the state’s case against you. Many different aspects of a DWI charge can be disputed in court, but you need the help of a skilled attorney who understands how to navigate these situations.
For example, breathalyzer and blood test results can be disputed in court. Additionally the law enforcement official who arrested you at the time of the DUI charge could also be challenged in court. Perhaps the police report in question does not contain accurate information, or there is different information across different reports of the charge. The arresting police officer’s testimony may be challenged in court, in addition to the results of the breathalyzer and blood tests he may have taken.
Call For An In-Depth Criminal Case Evaluation With The Law Firm Of Gianni Karmily Today
If you have been arrested for Driving Under The Influence while actively serving in the military, you will need strong representation to defend you against these allegations. Gianni Karmily is a skilled, hardworking criminal defense lawyer in New York who will work tirelessly to develop a strong defense on your case which minimizes your potential penalties as best as possible.