A civilian charged with DUI on military base, legal authority in state?

Asked almost 2 years ago - San Juan Capistrano, CA

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.

Attorney answers (5)

  1. Mark K Rosenfeld

    Contributor Level 15

    9

    Lawyers agree

    Answered . You will need to talk to a local DUI attorney who deals with the specific issues you are facing. I deal with the concurrent jurisdiction issue on the military bases in Los Angeles. It gets complicated but often there are great defenses in both the court case and at the DMV.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  2. Michael Korry Bialys

    Contributor Level 13

    9

    Lawyers agree

    Answered . 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.

  3. Rixon Charles Rafter III

    Contributor Level 20

    10

    Lawyers agree

    Answered . DO NO go online again with the fact of your situation or your name again..

    DO contact a DUI attorney immediately.

    Depending on circumstances, an experienced DUI attorney may be able to have the charges reduced or even dismissed.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  4. Hart Jasper Levin

    Pro

    Contributor Level 9

    7

    Lawyers agree

    Answered . Call right away and I can walk you through what needs to be done. 310-935-3100

  5. Harris Justin Brumer

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . 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.

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