South Carolina’s DUI laws are strict, and they apply to military service members both on and off the base. But for military service members arrested for driving under the influence on Shaw Air Force Base, the consequences can be slightly different than they would be if you were a civilian. Your South Carolina DUI defense attorney wants you to understand what to expect if you’re charged with DUI on the base.
The Military Will Have Jurisdiction
As a service member, the military has the ability to request jurisdiction over your DUI case even if you’re arrested off-base. However, if you’re arrested for DUI on the base, the military will immediately have jurisdiction. This is because the base is restricted to military service members, their families, and certain civilian contractors. They have the ultimate oversight with regard to activities on the base, including criminal offenses.
You’ll be arrested and held by the military police and may face a DUI trial in federal court. This is because the base is considered federal property, and as such, only the federal courts can hear cases for infractions that happen on military bases.
You Can Face Criminal Punishments
Just because you were arrested on Shaw Air Force Base doesn’t mean you won’t face criminal charges and punishments. The U.S. District Court of South Carolina, the federal court that will oversee your case, will apply state law to your case. This means the punishments you’ll face will likely be aligned with the punishments that civilians face. This may involve the following:
- Suspension of your driver’s license
- Jail time or a fine
- Mandatory installation of an interlock device on your vehicle
However, the criminal punishments aren’t the only ones you need to prepare for. You may also face punishments from your commanding officer that change the course of your military career.
There Could Be Consequences to Your Military Career
As a service member, the military is free to levy additional punishments for your actions. This may involve the following:
- A court-martial: You may receive a court-martial for your on-base DUI which could result in a demotion, loss of pay, and possible dishonorable discharge from the Air Force.
- Non-judicial punishments: Your commanding officer may levy additional punishments for your actions. This could include additional work duties, official reprimands, and confinement to the base for a set time.
- Confinement to the base: The military may also confine you to the base for a set time. This means you won’t be permitted to leave the base without permission from your commanding officer.
These are just a few of the military-specific consequences you could face if you’re successfully convicted. And while being confined to the base may not seem severe, the possibility of demotion, loss of pay, and increase in duties can impact your career in the long run.
Working With a South Carolina DUI Defense Attorney Is Always a Good Idea
Though you’re a military service member, you’re free to choose your own South Carolina DUI defense attorney to represent you. The key to choosing a good attorney to represent your military DUI arrest is to look for a legal professional who has a history of representing other military service members.
They understand the nuances of military life and can help you mount a defense to potentially reduce the charges against you. And if the stop was performed illegally or the tests were administered inappropriately, they may be able to get the charges dropped entirely.
Schedule a Consultation With Truslow & Truslow
At Truslow & Truslow, we believe that everyone deserves fair and quality representation, whether you’re arrested for DUI on a military base or in town. Contact our team to schedule a free consultation and see how we can help with your case.