At military installations such as an Army base, cases involving driving while under the influence of drugs or alcohol are investigated by members of law enforcement such as the military police, civilian guards, Department of Defense police, or security police.
If you are facing an accusation that you drove while impaired by drugs and/or alcohol at a military installation in Florida, such as MacDill Air Force Base in Tampa, you may receive a notice that your driving privileges at the military base are being preliminarily suspended. You may also face charges of driving while impaired or some other traffic offense in a DD Form 1408 (a traffic ticket issued by the Armed Forces) or a DD Form 1805 (a United States District Court Violation Notice).
DD Form 1805 is sought after to refer violations to the United States Magistrate. These violations include State traffic law infractions that can be prosecuted against an accused under the Assimilative Crimes Act (codified at 18 U.S.C. §13), app C, and other federal law violations.
Due to the fact that these cases are extremely rare, only a handful of attorneys have the experience necessary to effectively defend those who are accused of driving while impaired on a military installation. At Musca Law, we have the skills and experience necessary to handle all types of impaired driving cases, whether they occurred on or off of a military installation. Since these are unique and complex types of cases, it is critical to call Musca Law now at (888) 484-5057 to learn more about your legal rights and options. Act fast, as your time is limited to respond to your charges. If you miss one of the applicable deadlines or fail to follow the specific procedures that apply in these types of cases, you are waiving valuable rights.
Repercussions of a DWI on a Military Installation
In addition to disciplinary or administrative action that may be applied under state law or civilian personnel regulations, the consequences associated with a DWI on a military base or affecting a military member are as follows:
- A conviction by a civilian court or courts-martial;
- A nonjudicial penalty or Article 15;
- Administrative separation or reduction;
- A bar to reenlisting;
- Attendance and completion of a drug or alcohol abuse program; or
- The administrative suspension of one’s ability to drive under AFI 31-218(I);
Under AFI 31-218(I), a DWI can include one or more of the following:
- Operating, driving, or being in actual physical control of an automobile while impaired by drugs or alcohol in violation of governing law.
- Operating, driving, or being in actual physical control of an automobile with a blood alcohol concentration 0.08% or more on a military installation or a location where traffic operations are under military control.
- Operating, driving, or being in actual physical control of an automobile with a blood alcohol concentration of 0.08% or more in violation of governing law.
- Operating, driving, or being in actual physical control of an automobile with a blood alcohol concentration of 0.05% but less than 0.08% in violation of governing law.
Administrative Suspension of Driving Privileges under AFI 31-218(I)
An accusation of driving while impaired by drugs and/or alcohol that arises outside of a military installation carries with it two different proceedings under Florida state law. The first is the administrative suspension of one’s driving privileges by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The second is the criminal accusation that is resolved in state court. When a person drives while impaired on a military installation, two similar proceedings are triggered.
To complicate matters further, if you are arrested for driving while impaired outside of a military installation, you could also face an on-base suspension. The suspension of one’s driving privileges on a military installation is governed by AFI 31-218(I), and is defined as the “temporary withdrawal by an installation commander of a person’s privilege to operate a motor vehicle on a military installation for up to 12 months.” One’s driving privileges will likely be automatically restored on the day after the date when the suspension period ends.
Notwithstanding the severity of losing one’s driving privileges on base, a military suspension for driving while impaired on a military installation under AFI 31-218(I) is not typically reported on one’s state-issued driving record.
As noted above, in the State of Florida, when a member of the military is arrested for a DUI off base, it triggers the suspension process governed by the DHSMV.
For on-base suspension, they are governed by AFI 31-218(I) and the local rules such as those at the MacDill Air Force Base (the MacDill Air Force Base Instruction 31-116 (MACDILLAFB13-116 6 DECEMBER 2017)).
Once a person receives a notice of suspension of one’s driving privileges, it is critical to hire a Florida DUI defense attorney who is adept at representing those facing an on or off base license suspension.
Contact Musca Law to Schedule a Free Consultation with a Florida Federal DUI/DWI Defense Lawyer
Contact Musca Law today if you have been charged with a DUI/DWI, whether on or off of a military installation. Our firm offers free, confidential consultations with our Florida DUI/DWI defense attorneys, and we will investigate your case to help you understand your options. Our lawyers have a combined 150 years of experience in criminal defense, and we understand the potential consequences of a conviction. We have the legal knowledge and skills to deliver the quality defense you deserve.
Our attorneys schedule weekend and evening appointments, and our office is available now to take your call. You can reach Musca Law to schedule your case consultation today by calling (888) 484-5057.