HOW TO SUCCESSFULLY FIGHT A DUI CASE IN THE AIR FORCE
At Capovilla and Williams, we take pride in representing Airmen accused of offenses under the Uniform Code of Military Justice. Since being founded, Capovilla & Williams has fought and won cases for a multitude of Airmen facing DUI allegations while serving in the Air Force. Our team stands ready to combat DUI allegations and protect your Air Force career from additional consequences.
In the Air Force, a DUI arrest is a direct threat to your career and your potential to continue serving. Anyone who tells you otherwise is misinformed on current Department of the Air Force Policy relating to involuntary separations.
The first step in the process of a DUI allegation depends on whether the alleged offense occurred on or off base. If the alleged offense occurred on base, it also depends on what type of jurisdiction the specific base at issue has. On some Air Force bases, offenses alleged on certain parts of the base may result in pursuit of a criminal case against you by the state rather than the Air Force.
If the DUI allegation occurred in an area covered by military jurisdiction, the Air Force will prepare a criminal case against you. If the offense occurred off base or in an area covered by state jurisdiction, the state will pursue its own criminal case against you.
The criminal process is separate from the Air Force’s administrative process, which can carry career-ending penalties. If you have been alleged of DUI and the state is prosecuting you, the Air Force will typically serve you with a Letter of Reprimand from your Squadron Commander or higher. This can occur even before you undergo a criminal trial on the allegation. Additionally, even if the state drops its case against you or you are determined to be innocent, the Air Force may still uphold the Letter of Reprimand. Along with the Letter of Reprimand, you may also face a demotion action, having the Letter of Reprimand filed in your Unfavorable Information File, be placed on a Control Roster or Officer Selection Record.
If the Letter of Reprimand is upheld, the Air Force will almost certainly initiate involuntary separation processing against you. In fact, Department of the Air Force policy makes separation processing mandatory for certain DUI cases. There are three types of actions we see:
- If you are a Senior Airman or below with less than six years of time in service, the Air Force has the authority to initiate a “paper discharge,” meaning that you could be separated from the military involuntarily without the opportunity for a hearing on your case.
- If you are a noncommissioned officer or have more than six years of time in service, you are entitled to an administrative separation board.
- Officers with less than six years of commissioned service can also be involuntary separated for a DUI allegation without the right to a hearing. Officers with more than six years of service are entitled to a board of inquiry, which functions similarly to an administrative separation board.
You have the inherent right to submit a comprehensive legal rebuttal in response to a Letter of Reprimand. The team at Capovilla & Williams has represented hundreds of Airmen, both enlisted and officers, in their efforts to contest Letters of Counseling, Admonishment, and Reprimand. If you are successful in getting the LOR rescinded or reduced, the likelihood of facing a separation action due to the DUI arrest is significantly reduced. If the DUI allegation results in notification of involuntary separation action, our team is well-versed in successfully representing Airmen undergoing this process. We have saved the careers and retirements of countless servicemembers at separation boards.
In Air Force DUI cases, we have several tactical methods we employ for combatting the allegation. First, we examine the evidence for any jurisdictional issues which may render the DUI legally insufficient. Then, we challenge the legality of the traffic stop itself – essentially, whether law enforcement had a proper basis to pull you over in the first place. Additionally, we challenge the accuracy of any field sobriety tests that were conducted and any breath or blood testing that is being used against you. These challenges are especially relevant if any field sobriety tests or breathalyzer tests were performed by Security Forces, as military law enforcement is typically less experienced than civilian law enforcement. We will do comprehensive research to determine if federal law and Air Force policy were followed in conducting the investigation. We will also use constitutional challenges, if applicable, to fight for suppression of any evidence against you. On top of the extensive legal analysis conducted, an investigator will conduct a thorough investigation and gather supportive evidence and documents to help present the most persuasive and compelling defense to this serious allegation.
At Capovilla and Williams, we are highly trained and experienced military defense attorneys with more than 300 combined years of experience in military law, including our attorneys, paralegals, and investigators. Many of our attorneys are former active-duty military defense counsels, and many of our investigators are also former military personnel who worked for organizations such as Army CID, Air Force OSI, and Navy NCIS. They bring valuable expertise, having been trained by the military in DUI arrests, procedures, and policies, making them a tremendous asset to our team.
If you need assistance with a DUI case in the Air Force, call us directly at 855-442-6149 for a free consultation. At Capovilla and Williams, we are dedicated to supporting Airmen in need, and we take great pride in our mission. We’re here to help.
Brad Simon
Military Attorney
Capovilla & Williams
