Alcohol-related misconduct can have severe ramifications on a military career. Our seasoned Honolulu-based military alcohol-related misconduct lawyer should be your first call if suspected of committing such an offense.
The punishment for alcohol-related misconduct may include administrative separation, letters of reprimand, nonjudicial punishment, confinement, rank reduction, forfeitures in pay, and punitive discharge. The consequences of conviction can follow you for a lifetime, so it is essential to build the best possible legal defense. We understand the law, we know the military, and our defense attorney is here to help.
Some alcohol offenses are crimes on their own, such as drinking under the legal age. Other offenses are only a crime when combined with other behaviors, such as operating a vehicle under the influence. Some common alcohol-related offenses that a military service member may face include:
Each of these offenses carries a different penalty, and the severity of the punishment will depend on the severity of the crime. Our Honolulu-based attorney could help a military member prepare a defense if they have been accused any alcohol related misconduct and are facing serious consequences.
Servicemembers arrested for Driving Under the Influence (DUI) by civilian law enforcement are typically prosecuted in the civilian court system. However, civilian law enforcement coordinates the arrest of servicemembers with the relevant Provost Martial Office (PMO) who then notifies the command. In the Army, a General Officer Memorandum of Reprimand (GOMOR) is required to be issued to any Soldier when the command receives “credible information” of DWI. Civilian police reports will normally suffice, and a conviction is not required for the GOMOR to be issued. The other branches of the service typically issue Nonjudicial Punishment (NJP) for DUI. The nonjudicial actions mentioned above are not barred by double jeopardy but have their own process for a servicemember to present a defense.
Drinking underage is not specifically prohibited by the UCMJ, but is regularly punished. If the offense of drinking underage is committed within the United States, the military will incorporate state law by “assimilation” under Article 134, UCMJ. Most commands located outside the United States issue orders prohibiting underage drinking. As such, it is commonly punished as a violation of a lawful order pursuant to Article 92, UCMJ.
As discussed above, alcohol-related misconduct has serious repercussions on two fronts for military personnel. Even if the misconduct is prosecuted by civilians, the command can use that as a basis to take adverse action against servicemembers. In addition to a GOMOR or NJP, the command may also use the misconduct as a basis to initiate administrative separation. Most branches of the service require the initiation of separation of a servicemember who is involved with 2 acts of alcohol-related misconduct within 12 months, regardless of what the misconduct is.
Minor alcohol-related misconduct will typically be handled by nonjudicial means. However, more serious cases, especially where people have been injured or killed, are likely to be prosecuted at Court Martial. Our experienced attorney who is based in Honolulu could help a military service member defend against any suspected alcohol-related misconduct.
Alcohol-related misconduct can negatively impact many aspects of your life. If you are dealing with a GOMOR, NJP, administrative separation, or charges at Court Martial due to alcohol-related misconduct, you should seek legal advocacy from a seasoned veteran. Our Honolulu-based military alcohol-related misconduct lawyer is dedicated to helping servicemembers around the world who are in legal trouble. We know what is at stake, and we want to help you keep your life intact. Call today to set up your personal consultation.