Exploring The Legal Process

About Me

Exploring The Legal Process

Hello everyone! I'm Gael Phillips. It is nice to meet you. I'm here to talk to you about criminal laws, court proceedings and legal repercussions. I feel that sharing this knowledge is important, as many people do not realize how the legal process works. My first, and only, scrape with the law left me shaken. I did not know what to expect throughout the entire case, so I felt unprepared for the outcome. I hope to share my knowledge with people who are in need of support throughout the legal process. I will also post stories full of information about past legal cases for an idea about how the law works. The legal process doesn't need to be scary and mysterious. Sharing stories can give others the insight they need about their situation. Thanks for visiting, come back often!

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In The Military & Got A DUI Charge While On Leave In Vegas? Here's What You Need To Know

You've heard the television commercial that says, "What happens in Vegas, stays in Vegas," and while that may be true for a lot of things, it's not always true for DUI charges. If you get charged with a DUI while on vacation in Vegas, it will likely follow you home due to the Driver License Compact, which is used by most states to exchange information regarding the traffic violations and license suspensions of non-residents. 

But what if you are a member of the military, and home is a military post or in military housing? Here's what you need to know. 

Understanding Article 111 of the UCMJ

Article 111 of the Uniform Code of Military Justice says that operating a vehicle while impaired by a substance is a criminal act and, therefore, is punishable under the UCMJ. The civilian court system will address off-base DUI offenses, but this does not mean that the double jeopardy rule of the civilian courts comes into play, which means you cannot be convicted more than once for the same crime. 

Your commanding officer can take punitive action by reducing your pay and rank, barring you from reenlisting, limiting your driving privileges, and/or giving you an Article 15. You do have the right to turn down the Article 15 and request a court martial. If you believe you have a strong civilian case and will not be convicted of a DUI, it would be in your best interest to request a court martial. Because of this, it's extremely important that you hire a DUI lawyer to represent you in civilian court. 

Telling Your Chain of Command 

Since you were arrested in Vegas, you will need to return to Vegas for your court date. To do this, you will need to put in a leave request. If you are trying to keep your DUI charge a secret until after the civilian court date, you may have a difficult time getting your leave approved so you can be in Vegas for your court date.

Also, if your driver's license was issued by the state where you are currently stationed, there's a good chance your chain of command will learn about your charge through the local authorities when they receive notification of your DUI charge. Another issue that may come up that would result in your chain of command finding out is if you need to update your security clearance or obtain a new one. Due to these risks, it may be better to err on the side of caution and report your DUI charge immediately upon returning to your duty station.