Reader’s Question:

My brother is a member of the armed forces and he was charged with a military DUI here in Indiana. Is it the same as the state’s DUI? Are the penalties also the same?

Roxanne

Gary, IN

If your brother is a member of the armed forces and was arrested for DUI in Indiana, the consequences and process can be much different than someone who faces a civilian charge. A military court could use the state’s legal blood alcohol limit, which is 0.08 percent BAC, for a military DUI. But military courts are not limited to the state of Indiana’s legal limit. If his BAC is lower than the state’s legal limit, but the military court feels it was enough to impair his ability to operate a vehicle, he can still be charged with a military DUI.

A military court will try his military DUI unlike civilian DUI. This means that he’ll need an attorney that understands military law and military DUI. It’s very important that he gets an attorney to assist him with the military DUI as quickly as possible. Military court will move much faster unlike civilian court proceedings that tend to stretch out over a long period of time.

A DUI sentence is limited to community service, jail time, fines, loss of license, community service, and DUI programs in a civilian trial. Military DUI does not have a maximum legal sentence so the court would be able to decide the sentence. A military DUI conviction could result in fines, dishonorable discharge, a rank reduction, a pay deduction, loss of security clearance and imprisonment. At the very least, he may receive a formal reprimand for a military DUI. Less severe but still serious consequences of a military DUI include the inability to increase in rank or pay grade. His military DUI conviction would become part of his permanent military record.