In the context of military establishments, including Army bases, instances of driving under the influence of intoxicating substances are probed by a number of law enforcement officers, such as the military police, civilian watchmen, the Department of Defense police, and security officers.

Should you be confronted with allegations of impaired driving due to consumption of drugs or alcohol on a military installation within Florida, for instance, the MacDill Air Force Base in Tampa, there is a likelihood that you might be issued a notification signaling the preliminary suspension of your driving rights within the military base. Furthermore, you might be held accountable for driving under the influence or other traffic violations as indicated in a DD Form 1408 (a traffic citation issued by the Armed Forces) or a DD Form 1805 (a United States District Court Violation Notice).

A DD Form 1805 serves the purpose of channeling violations to the United States Magistrate. These transgressions encompass State traffic law violations that can be prosecuted under the Assimilative Crimes Act (which is codified at 18 U.S.C. §13), appendix C, and other federal law infringements.

Owing to the scarcity of such cases, only a select few lawyers possess the requisite experience to effectively represent those charged with driving under the influence on military bases. Our firm, Musca Law, boasts the required skillset and experience to manage a diverse range of impaired driving cases, whether they occur within or outside of a military installation. Given the unique and intricate nature of these cases, it's vital to reach out to Musca Law immediately at (888) 484-5057 to gain insights about your legal rights and possible courses of action. Prompt action is crucial, as there is a limited time window for responding to your charges. In case you miss any of the relevant deadlines or neglect to adhere to the particular procedures required in these types of cases, you risk losing valuable rights.

Potential Consequences of a DUI on a Military Installation

Beyond the potential for disciplinary or administrative action as per state law or civilian personnel regulations, the implications linked with a DUI on a military base or impacting a military member encompass:

  • Being declared guilty by a civilian court or courts-martial;
  • A nonjudicial penalty or Article 15;
  • Administrative separation or reduction;
  • A prohibition to reenlist;
  • Participation and completion of a substance abuse program; or
  • The administrative suspension of one’s driving privileges under AFI 31-218(I);

As per AFI 31-218(I), a DUI could entail one or more of the following situations:

  • Operating, driving, or physically controlling a vehicle while impaired by drugs or alcohol in contravention of governing law.
  • Operating, driving, or physically controlling a vehicle with a blood alcohol concentration of 0.08% or more on a military installation or in a location under military control.
  • Operating, driving, or physically controlling a vehicle with a blood alcohol concentration of 0.08% or more in contravention of governing law.
  • Operating, driving, or physically controlling a vehicle with a blood alcohol concentration between 0.05% and 0.08% in contravention of governing law.

Temporary Suspension of Driving Rights under AFI 31-218(I)

An allegation of impaired driving due to drugs and/or alcohol that emerges outside of a military base entails two distinct proceedings as per Florida state law. The first involves the temporary suspension of driving rights by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The second pertains to the criminal charge that is addressed in state court. A similar two-pronged process is activated when someone is accused of impaired driving within a military installation.

To further complicate matters, if you are apprehended for driving under the influence outside of a military base, you may also face a suspension within the base. The suspension of driving rights within a military base is regulated by AFI 31-218(I), and is characterized as the “brief revocation by an installation commander of a person’s entitlement to operate a motor vehicle on a military base for up to 12 months.” It is highly likely that driving rights will be automatically reinstated the day after the suspension period concludes.

Despite the gravity of losing one’s driving rights on a military base, a military suspension due to impaired driving on a military base under AFI 31-218(I) is not generally reported on a state-issued driving record.

As stated earlier, within the State of Florida, if a military member is arrested for a DUI off base, it initiates the suspension process overseen by the DHSMV.

In terms of on-base suspension, they are regulated by AFI 31-218(I) and local rules, like those at the MacDill Air Force Base (the MacDill Air Force Base Instruction 31-116 (MACDILLAFB13-116 6 DECEMBER 2017)).

Upon receipt of a suspension notification, it is vital to engage a competent Florida DUI defense attorney proficient in representing clients faced with an on or off base license suspension.

Call Musca Law for a Complimentary Consultation with a Florida Federal DUI Defense Lawyer

If you have been charged with a DUI, whether on or off of a military installation, we invite you to reach out to Musca Law today. We provide free, confidential consultations with our Florida DUI defense attorneys, and we will conduct a thorough examination of your case to help you comprehend your options. 

Our Florida DUI Attorneys are available for appointments on weekends and evenings, and our office is ready to take your call now. You can contact Musca Law to receive your case consultation today by dialing (888) 484-5057.