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Does double jeapordy apply to a military dui? And do i need a civilian lawyer for my court case?

Fayetteville, NC |

I am a soldier currently stationed on Fort Bragg in North Carolina. I have been in the army for a little over a year with no disciplinary problems. This weekend I received a DWI in the town outside of base. I was at a bar with some members of my company and made the stupid decision to attempt to drive home. I was pulled over in the city of Fayteville. Upon getting pulled over the officer asked me a few questions such as where i came from and where i was going. Due to my speech and the smell of alcohol she pulled me out of the car and arrested me on the spot without a field sobriety test or breathalyzer. She let my other two intoxicated friends in the car go. Upon getting to the station i was given a breathalyzer, i blew a .16 i was then instructed i had to blow again. on my second attempt

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Attorney answers 4

Posted

DO NOT again go online with any of your case facts.

IMMEDIATELY contact a DUI attorney in Fayetteville.

IMMEDIATELY see the legal service office and speak to TDS.

No it is not double jeopardy

DO NOT discuss the matter with anyone but your attorney.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Harry Edward Hudson Jr

Harry Edward Hudson Jr

Posted

Mr. Rafter's advice is excellent. Do not deviate.

Philip Douglas Cave

Philip Douglas Cave

Posted

Keep in mind there are some policies in place where the Army will not take disciplinary action over civilian court matters. However, those policies do not prohibit the Army from seeking to administratively separate you for any civilian conviction. So get a good DUI lawyer as Rix advises.

Posted

While you may be in the military, you are still very much subject to civilian laws. This is not a "military" dui nor is double jeopardy an issue. You need to seek out a competent DWI defense lawyer in your county. Good luck to you.

Fred Amos provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for DWI's. Call 919-803-7208.

Posted

Completely agree with Mr. Rafter, but I would also like to add that even though this is a civilian arrest, commands generally punish the soldier regardless of the outcome in the civilian court. Thus, your command could Article 15 you without the DUI matter ever being adjudicated. Try to retain a civilian defense attorney who can handle the civilian matter, but also has experience in military law. v/r

Posted

In general, the prior posts are correct, no double jeopardy issue. That said, there were cases in the District Court for Eastern Virginia earlier this year where DUI prosecutions were dismissed under the Fifth Amendment against Marines at Quantico after they received NJP for the same offense. This is a complex issue and it may be worthwhile to contact one of the attorneys who focus on military criminal law to ensure your rights are being protected.

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