Home > Research Legal Advice > DUI / DWI > A civilian charged with DUI on military base, legal authority in state?
Asked 4 months ago - San Juan Capistrano, CA
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I was dropping a friend off at a military base, when I was assaulted by my passenger, swerved due to being hit, I pulled over. The MPs pulled up immediately after, pulled me from my car and sat me on the curb. They performed a breathalyzer test (handheld) and then charged me with DUI and Assault. They did NOT perform a field sobriety test, blood/urine/breathalyzer when back at station.
Though the procedure was not proper for the state of CA, what is the affect on my driving status, and what would be my best course of action.
I cannot lose my license, I run my own company as a mobile mechanic and I would lose EVERYTHING.
Please help, thank you.
Robert G.
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First understand that if you are on Federal land you are in Federal Jurisdiction. Typically the Feds will adhere to the State's rule but do not have to. This can absolutely have an impact on your license. You NEED to contact an attorney immediately. You may contact my office for consultation. Just for the record, I've handled both State and Federal DUI's.
Depending on which base this occurred on and where on the base it happened, it could either be prosecuted by the State (i.e. city attorney or county district attorney) OR by the Feds (Special Assistant to the United States Attorney).
If this happened aboard Camp Pendleton or on some other base in San Diego County, I would highly recommend attorney Cole Casey. (619) 237-0384. Quite simply, there is non better for DUI defense.
