Know The Ins And Outs Of Alcohol-Related Incidents

Posted by Ernesto Gapasin | Oct 21, 2023 | 0 Comments

Defending against alcohol-related incidents that are prosecuted in the military under the Uniform Code of Military Justice (UCMJ) does involve differences.  The UCMJ is the set of laws and regulations that govern the behavior and conduct of members of the U.S. armed forces.  Under the Uniform Code of Military Justice, there is a separate legal framework for the military, and violations of military regulations are generally prosecuted through military courts rather than civilian courts.
Jurisdiction: The military has its own legal system, and this is important when it comes to alcohol-related incidents.  Certain types of alcohol-related incidents that occur on military installations or involve military personnel can be prosecuted under the UCMJ, even if they would not lead to civilian criminal charges.

The UCMJ includes specific provisions related to alcohol-related offenses such as drunk and disorderly conduct, driving under the influence (DUI), and public intoxication. Penalties for these offenses can vary but may include disciplinary actions, non-judicial punishment (Article 15 proceedings), or court-martial.  In the military, the chain of command plays a significant role in handling alcohol-related incidents. Commanders often have the authority to address disciplinary matters, and military personnel can face administrative actions in addition to any legal actions.

The unit the service member is assigned to may have Zero Tolerance Policies.  The military often enforces strict zero-tolerance policies for certain alcohol-related offenses, especially when they involve service members under the legal drinking age, given the potential impact on readiness and discipline.  In addition to potential legal consequences, service members may also face administrative actions such as reduction in rank, loss of pay, or administrative discharge for alcohol-related incidents.

The military typically provides alcohol rehabilitation and treatment programs for service members who struggle with alcohol abuse or dependency, with a focus on helping them overcome these issues.  In more serious cases, especially those involving serious injuries or fatalities, service members can be subject to court-martial, which is the military equivalent of a civilian criminal trial. More common situations of this kind include hit-and-runs and assaults and battery involving serious injuries.  Penalties at court-martial can include confinement, dishonorable discharge, and other punitive measures.

It's important to note that the specific procedures and penalties can vary among the different branches of the U.S. military. Additionally, each case is evaluated on its own merits, and outcomes can depend on the circumstances and the decisions of the chain of command and military legal authorities. If you are facing potential punishment from an alcohol-related incident, you should seek guidance from an experienced military trial lawyer. CLICK HERE and fill out the "Contact Us" form for a no-cost consultation today.

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Ernesto Gapasin



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