Protecting Your Rights and Military Career After a DUI Arrest in Florida

Being arrested for driving under the influence (DUI) in Florida can have life-changing consequences, especially for military personnel. DUI charges can affect both your civilian criminal record and your military career, making it critical to understand your rights and options after an arrest. When facing these charges, hiring an experienced DUI defense attorney is essential to protect your freedom and your future in the armed forces.

Let’s discuss how DUI laws apply to military personnel, potential defenses, and why hiring a private defense attorney can make a difference.

What Constitutes a DUI in Florida?

Under Florida Statutes § 316.193, driving under the influence (DUI) occurs when a person operates or is in actual physical control of a vehicle while:

  • Having a blood alcohol concentration (BAC) of 0.08% or higher, or
  • Being impaired to the extent that normal faculties are affected by alcohol, drugs, or controlled substances.

DUI charges apply equally to civilians and active-duty military personnel when arrested off base. However, service members arrested on base or while on duty may face additional consequences under the Uniform Code of Military Justice (UCMJ).

Consequences of a DUI for Military Personnel

A DUI conviction can have far-reaching consequences for military personnel beyond standard civilian penalties. Service members may face:

  • Civilian Criminal Penalties: Jail time, fines, probation, and license suspension as mandated under Florida Statutes § 316.193.
  • Military Discipline: If arrested on base or if the civilian charge affects duty status, service members could face non-judicial punishment (NJP) under Article 15 of the UCMJ or even a court-martial.
  • Career Consequences: A DUI can impact security clearances, promotions, re-enlistment eligibility, and may even result in discharge.
  • Loss of Driving Privileges on Base: Military installations have their own regulations, and a DUI can lead to restricted driving privileges on base.

Given the severe impact on both personal freedom and military careers, it’s critical to have an attorney who understands both civilian DUI defense and the military justice system.

Common Defenses for Military DUI Cases in Florida

A DUI arrest doesn’t automatically lead to a conviction. Several legal defenses can be effective in challenging the charges. Here are some of the most effective strategies:

1. Challenging the Legality of the Traffic Stop

Law enforcement officers must have reasonable suspicion to stop a driver. If the stop was unlawful, any evidence obtained during the stop may be suppressed. This defense can be critical under Florida Statutes § 901.151.

2. Field Sobriety Test Errors

Field sobriety tests (FSTs) are often subjective and prone to errors. Factors like fatigue, anxiety, medical conditions, and poor instructions can affect results. If improperly administered, FST results can be excluded as evidence.

3. Inaccurate Breathalyzer or Blood Test Results

Breathalyzers and blood tests must be properly calibrated and administered according to Florida Administrative Code Rule 11D-8. A failure to maintain or calibrate the equipment can lead to inaccurate results.

4. Chain of Custody Issues

For blood tests, the chain of custody must be documented to ensure the sample was handled properly. If there are errors in how the sample was collected or stored, it may be excluded from evidence.

5. Lack of Probable Cause for Arrest

Officers must establish probable cause for a DUI arrest. If the arrest occurred without sufficient evidence, the charges may be dismissed.

Ramifications of a Florida DUI Conviction

The penalties for a DUI conviction under Florida Statutes § 316.193 can be severe and escalate with repeat offenses.

  • First DUI Offense:

    • Up to 6 months in jail
    • License suspension for 6-12 months
    • Fines between $500 and $1,000
    • DUI school and potential ignition interlock device

  • Second DUI Offense (within five years):

    • Mandatory 10 days in jail (up to 9 months)
    • License suspension for 5 years
    • Fines between $1,000 and $2,000

  • Third DUI Offense (within 10 years):

    • Felony charge with up to 5 years in prison
    • License suspension for 10 years
    • Fines up to $5,000

Military Consequences of a DUI Conviction

Beyond the civilian penalties, military personnel face additional consequences, including:

  • Court-Martial Proceedings: Depending on the severity, service members can face a General Court-Martial, the most serious military trial.
  • Non-Judicial Punishment (NJP): Under Article 15 of the UCMJ, commanding officers can impose fines, reduction in rank, and restrictions.
  • Administrative Separation: A DUI can lead to an Other Than Honorable (OTH) discharge, damaging your military career and benefits.
  • Loss of Security Clearance: DUIs often raise questions about judgment, potentially leading to a revoked security clearance.

Why Retaining a Private DUI Defense Attorney Matters

Hiring a private defense attorney after a DUI arrest is crucial, especially for military personnel facing both civilian and military consequences. Here’s how we can help:

  • Understanding Both Systems: A private attorney can handle both Florida criminal court and military proceedings, ensuring all aspects of your case are addressed.
  • Protecting Your Career: We understand how a DUI can impact your military service and can work to minimize career damage.
  • Challenging the Evidence: We can identify procedural errors, faulty breathalyzer results, and improper field sobriety tests to weaken the prosecution’s case.
  • Avoiding Harsh Penalties: We fight for reduced charges, alternative sentencing, and diversion programs when applicable.

A DUI conviction can follow you for years. The right defense can protect not only your freedom but also your professional and personal future.

Florida Military DUI FAQs

Can a DUI Conviction End My Military Career?
A DUI conviction can result in administrative separation from the military, a reduction in rank, or even a discharge under Other Than Honorable (OTH) conditions. Consequences depend on the severity of the charges and your service record. An attorney can help fight the charges and protect your military standing.

What Are the Penalties for a First-Time DUI in Florida for Military Personnel?
A first-time DUI conviction under Florida Statutes § 316.193 can result in up to 6 months in jail, fines ranging from $500 to $1,000, and a license suspension. Military consequences could include Article 15 punishment or loss of security clearance, depending on the circumstances.

Can I Face Both Military and Civilian Penalties for a DUI?
Yes, military personnel can face dual penalties—one under Florida state law and the other through military disciplinary action. Civilian penalties include jail time and fines, while military penalties may involve NJP or a court-martial.

What Should I Do If Arrested for a DUI in Florida as Active Military?
Contact a private DUI defense attorney immediately. Avoid answering law enforcement questions without your attorney present. The sooner you involve a lawyer, the stronger your defense can be.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.