Military Alcohol-Related Charges Lawyer

Expert Military Defense Lawyer Protecting Against Alcohol-Related Charges

Stars and Stripes recently carried a report titled "U.S. military's alcohol-soaked culture taking toll on service members." the paper discussed the results of an Institute of Medicine study which found that 43 percent of soldiers serving on active duty admitted to binge drinking in the past month. Heavy drinking occurs at social dinners in barracks on domestic bases and abroad. On officers' nights out, and in many cases, it is encouraged by a culture of alcohol consumption in which service members feel compelled to consume large amounts of alcohol to maintain camaraderie with their fellows.

If you have been arrested on charges of committing a crime while under the influence of alcohol, a military criminal defense lawyer from McCormack & McCormack is prepared to stand up for your rights and defend your freedom. With more than 70 years of combined legal experience, our dedicated legal professionals have the skills you need to improve your chances of reaching a desirable outcome.  

Facing alcohol-related charges in the military? Contact us today at (888) 490-0876 to speak with an experienced attorney and protect your rights.

Alcohol-Related Charges We Defend Against 

It’s no secret that when people drink, they tend not to make the best choices while intoxicated. Our legal professionals have vast legal knowledge to fiercely defend you against a wide range of charges from alcohol consumption. Regardless of the allegations that you face, we are prepared to take on even the toughest of cases with zealous advocacy.

Charges that commonly involve alcohol consumption include:

• Driving Under the Influence (DUI)
• Violent crimes
• Public intoxication
• Sex crimes

What are the Penalties for Alcohol Charges?

A conviction of any of the above charges could result in steep legal consequences, including:

• Harsh fines
• Probation
• Prison time

Regarding a person’s military status, this could also result in discharge or confinement.

What are the Consequences of Alcohol-Related Charges in The Military?

Alcohol-related offenses in the military are treated seriously due to their potential to undermine discipline, safety, and mission readiness. The consequences for these charges depend on the severity of the offense, the service member’s rank, and their prior disciplinary record.

Nonjudicial Punishment (NJP)

• For less severe offenses, a service member may face NJP under Article 15 of the UCMJ. Potential penalties include:
  • Reduction in rank.
  • Loss of pay.
  • Extra duty or restrictions.
  • Letter of reprimand.

Court-Martial

• More serious alcohol-related offenses may result in court-martial proceedings. Penalties for a court-martial conviction can include:
  • Confinement.
  • Dishonorable or bad-conduct discharge.
  • Loss of military benefits.

Administrative Separation

• Alcohol-related misconduct can lead to involuntary separation from the military. The characterization of discharge (Honorable, General, or Other Than Honorable) will depend on the circumstances of the case and the service member’s record.

Loss of Security Clearance

• Alcohol-related charges can jeopardize a service member’s security clearance, affecting their ability to perform certain duties or advance their career.

Impact on Civilian Life

• Some alcohol-related offenses, such as DUIs, can result in civilian penalties, including fines, license suspension, and increased insurance rates. Additionally, a military conviction can have long-term implications for civilian employment and reputation.

The stakes in these cases are high, and having a military alcohol-related charges lawyer on your side can significantly impact the outcome.

How to Defend Against Alcohol-Related Charges?

There are several potential defenses to alcohol-related charges in the military. A skilled military alcohol-related charges attorney will analyze the details of your case, gather evidence, and develop a strategy to protect your rights and minimize penalties. Common defense strategies include:

• Challenging the Evidence: The evidence against you must meet strict legal standards. Improperly collected or unreliable evidence, such as inaccurate BAC test results or flawed witness statements, can be challenged.
• Questioning Probable Cause: For charges like DUI, law enforcement must have had probable cause to conduct a traffic stop or administer sobriety tests. If probable cause is lacking, the charges may be dismissed.
• Proving Unintentional Intoxication: In some cases, unintentional intoxication due to unknowingly consuming alcohol or medication interactions can serve as a defense.
• Demonstrating Mitigating Factors: Presenting evidence of mitigating circumstances, such as stress, mental health issues, or personal hardships, can influence the outcome of your case.
• Highlighting Procedural Errors: Errors in the handling of your case, such as failure to follow UCMJ procedures, can weaken the prosecution’s case.
• Establishing Lack of Intent: For certain offenses, such as drunk and disorderly conduct or alcohol-related assault, proving that there was no intent to disrupt or harm may serve as a defense.

An experienced attorney can evaluate the specifics of your case and determine which defense strategies are most appropriate.

How Alcohol-Related Offenses Impact Military Readiness

Alcohol-related offenses can have a significant impact on a service member’s ability to perform their duties and affect overall mission readiness. Here’s how:

• Impaired Performance
  Alcohol impairs decision-making, coordination, and reaction time, which can severely affect a service member’s performance. This can be especially dangerous in high-stakes environments, such as during combat training or missions.
• Increased Risk of Accidents
  Being under the influence of alcohol increases the likelihood of accidents, both on and off duty. Whether operating vehicles, weapons, or performing physical tasks, alcohol can compromise a service member’s safety and the safety of others.
• Disrupting Unit Cohesion
  Alcohol-related incidents can disrupt team dynamics and unit cohesion. If a service member becomes involved in violent or disruptive behavior due to alcohol, it can create tension among fellow service members and undermine the unit's ability to work together effectively.
• Negative Impact on Leadership
  Leaders in the military are held to a higher standard. Alcohol-related offenses can damage a leader's credibility and their ability to command effectively, which impacts the entire unit.
• Loss of Duty Time
  Legal proceedings, punishment, or rehabilitation related to alcohol offenses can result in lost time for training or deployment, further delaying or hindering a service member's ability to contribute to mission success.

The Role of Alcohol in Military Culture

Alcohol plays a significant role in military culture, both on and off duty. It is often used as a way to bond, relax, and socialize. However, the pervasive culture of drinking can sometimes lead to legal issues for service members:

• Social Pressure to Drink
  In many military settings, drinking is a common way for service members to build camaraderie. There can be significant social pressure to drink heavily in order to fit in or avoid judgment, which sometimes leads to poor decision-making.
• Drinking as a Stress Reliever
  The demands and stresses of military life can drive service members to drink as a way to cope with anxiety, loneliness, or trauma. This, however, can result in dangerous patterns of behavior, including binge drinking and alcohol abuse.
• Excessive Drinking During Downtime
  Alcohol is often consumed during off-duty hours, especially during weekends or after work. While this may seem like harmless relaxation, it can sometimes escalate into legal violations, especially if service members drink to excess and engage in inappropriate behavior.

The Importance of Early Legal Intervention in Alcohol-Related Cases

If you are facing alcohol-related charges in the military, it’s crucial to seek legal counsel as soon as possible. Early intervention by an experienced attorney can make a significant difference in the outcome of your case. Here’s why:

• Preserving Evidence
  Acting quickly allows your attorney to gather critical evidence, such as witness statements or video footage, that may be necessary to challenge the charges. This can play a vital role in defending your case.
• Reducing Penalties
  An attorney can help you navigate the legal process, and in some cases, they may be able to negotiate for reduced charges or penalties, such as attending alcohol rehabilitation programs rather than facing harsh punishment.
• Building a Strong Defense
  Early intervention allows your attorney time to build a solid defense strategy. This could involve challenging evidence, questioning probable cause, or demonstrating mitigating factors that could lessen the severity of your charges.
• Protecting Your Future
  By addressing alcohol-related charges early, an attorney can help protect your military career and prevent long-term consequences, such as a dishonorable discharge or the loss of benefits. The sooner you act, the better your chances of achieving a favorable resolution.

By seeking legal help early in the process, you give yourself the best possible chance of protecting your career and minimizing the long-term impact of alcohol-related offenses.

Frequently Asked Questions (FAQ)

Can alcohol-related charges result in a discharge from the military?

• Yes, alcohol-related charges can lead to discharge, particularly if the offense is severe or if there is a pattern of behavior. The type of discharge (Honorable, General, or Other Than Honorable) will depend on the circumstances of the case and the service member's record.

Will a DUI charge in the military affect my civilian career?

• Yes, a DUI conviction in the military can have a significant impact on your civilian career. It can affect your reputation, job prospects, and possibly even prevent you from obtaining security clearance or other necessary certifications for certain civilian jobs.

Can I receive rehabilitation instead of punishment for alcohol-related offenses?

• In some cases, service members may be offered rehabilitation programs in place of harsher punishments, such as confinement or discharge. However, this will depend on the specifics of the case and the service member’s disciplinary history. A strong legal defense could help in securing such alternatives.

How does a military alcohol-related charge differ from a civilian charge?

• A military alcohol-related charge is governed by the Uniform Code of Military Justice (UCMJ), which has different procedures and penalties than civilian law. For example, a court-martial might be involved, and punishments can include confinement, reduction in rank, or dishonorable discharge, in addition to civilian penalties like fines or license suspension.

Can I fight a military alcohol charge if I was intoxicated but didn’t commit a crime?

• Yes, it is possible to challenge the charge, especially if the prosecution lacks sufficient evidence to prove criminal behavior beyond a reasonable doubt. A skilled attorney may be able to argue that you were not in control of your actions, that there was no intent to commit a crime, or that procedural errors occurred during the investigation.

What should I do immediately after being charged with an alcohol-related offense in the military?

• It’s important to contact a military criminal defense lawyer as soon as possible. Your attorney can guide you through the legal process, help preserve evidence, and build a defense strategy tailored to your case. Acting quickly is crucial in minimizing potential penalties and protecting your career.

What are the potential long-term effects of an alcohol-related conviction in the military?

• A conviction can result in a loss of military benefits, a dishonorable discharge, and long-lasting damage to your career and reputation. It could also affect your ability to obtain future security clearance, which is often necessary for certain military roles or post-service civilian employment.

Contact McCormack & McCormack Today    

If you have been charged with an alcohol-related offense, you must seek legal representation to help you resolve the situation and avoid serious consequences. Our firm’s military criminal defense attorneys help our clients prepare for non-judicial punishment hearings and provide aggressive representation for Boards of Inquiry and Show Cause hearings. We understand how much is at stake in your future and are ready to fight for you!

Dealing with alcohol-related offenses? Contact us at (888) 490-0876 for a thorough defense and to safeguard your military career and future.