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UCMJ, state laws strictly enforce DUIs

  • Published
  • By Lt. Col. Kristine Kijek
  • 20th Fighter Wing judge advocate
SHAW AIR FORCE BASE, S.C. --  Last year in South Carolina, 158 people were killed in 147 alcohol-related accidents. Nearly 800 people have died from alcohol-related collisions in the last five years. Three Airmen from Shaw are included in that number. As a result, South Carolina stiffened its Driving Under the Influence laws in the last few years.

For instance, South Carolina adopted an implied consent law. This law states that by driving on the state's streets and highways, motorists consent to submit to chemical tests for intoxication. If an individual refuses to take the test when requested, their license will be immediately suspended for 90 days for a first offense. If the individual is under the age of 21 at the time, the suspension will last for 6 months. This administrative license suspension does not prohibit subsequent prosecution for the DUI and is in addition to the DUI sentence if convicted by the court. Further, the refusal to submit to the chemical testing is admissible at court in order to prove the underlying DUI.

The Air Force utilizes a similar implied consent system in relation to installation driving privileges. Active-duty military personnel, dependent family members, retired members of the military service or DoD civilian personnel who refuse to submit to a chemical test for intoxication, whether on base or off, will receive a one-year revocation of their driving privileges. In addition, if the incident occurs on base, the Air Force will report the refusal to civilian authorities who will then also suspend the person's driver's license. If there is probable cause to believe an individual on base is intoxicated, the security forces can obtain a search authorization to draw blood, despite the refusal to submit to any intoxication tests.

The punishment in South Carolina for a first-time DUI conviction in addition to court costs and probationary fees is a fine of up to $300, imprisonment for a minimum of 48 hours and a maximum of 30 days, and suspension of one's driver's license for 6 months.

In regard to the Air Force, the installation commander will suspend the base driving privileges of anyone who operated a vehicle with a blood or breath alcohol content exceeding 0.08 percent or was arrested for intoxicated driving, even if they don't receive a DUI conviction. The suspension will last until the commander determines whether revocation is appropriate.

Revocation for at least a year will automatically result if the incident is determined to have been serious or it resulted in a suspension or revocation of the individual's driver's license.

A second DUI in South Carolina can result in a fine between $2,000 to $5,000, imprisonment up to one year and suspension of a driver's license for one year. A DUI that results in great bodily injury or death carries an additional punishment of up to 25 years in prison.

Under Article 111 of the Uniform Code of Military Justice, the maximum penalty for a DUI that results in no personal injury is a bad conduct discharge, forfeiture of all pay and allowances and 6 months confinement. If there is personal injury, the maximum increases to a dishonorable discharge and 18 months confinement. These penalties apply to even the first offense. For military members, the Air Force can prosecute the individual if the offense occurs on base or off base if civilian authorities transfer jurisdiction.

One other important thing to note is that because it is less than the UCMJ default of 0.10 percent, the Air Force will utilize South Carolina's BAC level of 0.08 percent in determining guilt.

There are serious consequences for drinking and driving and for refusing to submit to intoxication tests. In addition to the automatic license suspensions and loss of base driving privileges, refusing to submit to an intoxication test will not protect someone from a DUI conviction. Even if a person refuses to submit to a test, a DUI conviction is still likely based on the witness's observations, the possibility of a blood alcohol test being performed and the fact that the refusal to take the test can even be admitted as evidence against the individual. Be smart -- don't drink and drive!