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What are the laws on DUI for a civilian on Fort Carson base? Is my license valid off base, just not on base?

Fort Carson, CO |

I caught my first DUI ever. It was on Fort Carson. I am not military. I literally just moved to Colorado Springs. They took my license and made me blow. I blew .131. They arrested me and fined me for speeding (47 in a 30), DUI and driving with a blood alcohol content of 0.08 or more. Mugshot and fingerprints were taken. I had a friend come get me when they were all done. I'm just confused on whats the law on a civilian getting a DUI on a military base.

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Attorney answers 5

Posted

IF the driving occurred on the military base, then the DUI laws for the State of Colorado will apply; however the case would be prosecuted in Federal Court and if convicted it would be a federal DUI conviction, not a state conviction. There are several procedural difference and different penalty consequences in a federal vs state court DUI. I would recommend contacting an attorney that practices both federal and state DUI defense.

Philip Douglas Cave

Philip Douglas Cave

Posted

Your case was heard at the U.S. Magistrates Court on base?

Gerald Richard Healy

Gerald Richard Healy

Posted

You were likely given a 1408 Armed Forces Ticket, which are given to civilian who allgedly committed a traffic violations. The JAG will not defend or prosecute you, technically; however, in many areas a prosecutor from the base or post will also serve a collateral duty as a SAUSA, which will prosecute civilians in a US Magistrate Court. You will have to show at the Magistrate Court for the adjudication. You should hire a local state attorney in your county, or apply for Public Defender counsel if you meet a certain financial threshold. I will tell you, as a former SAUSA, your attorney should be able to negotiate your first DUI into a more favorable conviction. Good Luck.

Posted

I agree completely with Ms. Schmidt. You ought to give her a call.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Posted

Your license issues will be controlled by the Colorado Department of Motor Vehicles. If you have been given a Notice of Revocation, you must request a hearing with DMV within 7 days.

Posted

Colorado's laws will apply. Get a CO DUI attorney without delay.

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.

Posted

Fort Carson duis are normally prosecuted in the magistrates court in downtown Colorado Springs by the us attorney's office out of Denver. But, Fort Carson has a curious jurisdictional hodge podge. Sort of a quilt work pattern because of the way the post was out together over the years. Where does the ticket set your first appearance?

Asker

Posted

It doesn't say. The speeding was paid the next day. And I have to wait 30-45 days til they send me a letter stating where I go to court.

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