UCMJ – United States Code of Military Justice

911. ARTICLE 111. DRUNKEN OR RECKLESS DRIVING

10. Punitive Articles


Any person subject to this chapter who operates any vehicle while drunk, or in a reckless or wanton manner, or while impaired by a substance described in section 912a(b) of this title (article 112a(b)), shall be punished as a court-martial may direct.


9 Comments for this entry

  • Parker, Sheldon

    A Staff Sergart with more than 20 years in the army get a DUI what the punishment under UCMJ

  • PARKER, SHELDON

    A STAFF SERGART WITH MORE THA 20 YEARS IN THE ARMY GET A DUI WHAT THE PUNISHMENT UNDER UCMJ

  • Phil Banks

    I got a DUI while off base and on leave. I did not tell my C.O. of the incident. When confronted as to why I didn’t tell him, I told him I was not going to subject myself to double jeopardy. Was already tried in civilian court. The military did not pursue the case against me.

    • Caulford

      Org. Post: “I got a DUI while off base and on leave. I did not tell my C.O. of the incident. When confronted as to why I didn’t tell him, I told him I was not going to subject myself to double jeopardy. Was already tried in civilian court. The military did not pursue the case against me.”

      Please do not mislead the readers with false statements. Trial in a civilian court (State) and being subsequently charged under the UCMJ or in Federal court does not constitute “Double Jeopardy.” They are completely separate jurisdictions and prosecutorial jurisdiction resides in both or either.

      At minimum you should have received an LOR or GOMOR for your actions. While I am not an advocate for paying twice for the same offense, it is currently legal and widely practiced within the military under the ideas of good order and discipline.

      However, I do agree with NOT self reporting as it is a violation of the Fifth Amendment of the Constitution of the United States whereby it clearly states “No person…shall be compelled in any criminal case to be a witness against himself.” In reading this understand this statement does not apply to military members during combat, during declaration of war or during Marshall Law as stated in this excerpt; “except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger.”

      ***This post is NOT to be taken as legal advice. ALWAYS contact your local Trial Defense Counsel or your civilian attorney for legal advice.***

  • DarrellJG

    @Parker Sheldon-This would depend on the offenses? If this was his first offense of of alleged DUI, then his sentence or upon conviction would be less severe; especially if he or she has an impeccable 20 years of Military Service. If he or she pleads guilty of the said offense, and it is their first time, then there might be base restriction, forfeiture of pay, some jail time, but not much, a possible reduction in rank, and of course fatigue duty as punishment etc…

  • Stephen Thurman

    It should be the same as A 1 year private. Just because he has been for more than 20 does not make him immune to the same punishment!

  • R.L

    I can’t speak to Army procedures, but I do know that a US Navy PO1 got busted down to PO2, 2 months with half pay along with all of the other standards that Captains Mast hands out.

    Again, I’m not sure about the Army. I do know, however, that the Navy shows no mercy due to age or previous service. Quite the contrary.

  • Nguyen

    depends on POST, mostly we never did further the charge of DUI in the military because of double jeopary, because in that state you paid way more than you would in the military punishment. If this was the 2nd alcohol office, then would do a chapter on said soldier. with 20 years in, would be difficult.

  • SFC Cummings

    This is a new day and age in the Army. The punishment will more than likely be forced retirement, Art 15, reduction in rank (as a SSG, the Art 15 punishments can be inflicted by a BN Commander) forfeiture of pay and allowance, restriction and extra duty. After 20 years a reduction in to any grade is pointless because when he retires he will still draw SSG retirement pay. As for Stephen Thurman’s comment, the punishment for a PVT committing the offense, the PVT’s punishment will less severe for a first time offense. He may receive an Art 15 but will also be given a chance to bounce back. What happens really depends on the Command, so there is no set answer for the question. There are multiple variables that factor into play in the scenario.

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