How to Successfully Fight a DUI Case in the Army

At Capovilla and Williams, we proudly support soldiers nationwide facing DUI accusations. Our dedicated team has successfully assisted dozens and dozens of active-duty Soldiers, reservists, and guardsmen in navigating the challenges of DUI arrests while serving the Army. Our team of attorneys, investigators, and paralegals is ready to help you combat DUI allegations and protect your Army career.

The first thing that must be understood is that a DUI arrest threatens your career and your potential to continue serving. Any attorney or member of your command that tells you otherwise is either not being honest or simply uneducated about the process.

A DUI in the Army will initiate two concurrent processes. First, if the arrest occurred off post, the state will pursue its criminal case against you. If the arrest occurred on post, most of these cases will be referred to a Special United States Attorney stationed at that installation and will be processed through federal magistrate court. It is crucial to have an experienced attorney to represent you and fight the allegations in either state or federal court.

This criminal process is separate from the administrative process that the Army will initiate once you are arrested for DUI. The Army, functioning as its own jurisdiction, will typically notify the Soldier of a General Officer Memorandum of Reprimand (GOMOR) based on the DUI arrest. While successfully getting the state or federal courts to drop or dismiss the DUI charge may improve your chances of having the GOMOR rescinded or destroyed, this outcome doesn’t always influence how the Army perceives the case.

You have the inherent right to submit a comprehensive legal rebuttal in response to a GOMOR notification. The team at Capovilla and Williams has represented hundreds of Soldiers in their efforts to contest GOMORs. For more insights, here’s a link to a podcast episode we hosted on effectively fighting back against GOMORs:

[Defending Against Military Letters of Reprimand (GOMOR) Podcast Episode](https://podcasts.apple.com/us/podcast/defending-against-military-letters-of-reprimand-gomor/id1583652299?i=1000604150520)

If you are successful in getting the GOMOR destroyed, rescinded, or locally filed the likelihood of facing a separation action due to the DUI arrest is significantly reduced. However, if the GOMOR is placed in your permanent file, separation procedures will almost certainly be initiated by your command or Human Resources Command (HRC). This means you will be subject to a separation board if you are an enlisted Soldier or a Board of Inquiry if you are an officer.

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 investigators are 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.

In DUI cases within the Army, there are several methods of attack we utilize. First, we will challenge the legality of the traffic stop and question the accuracy of the field sobriety tests, particularly if they were conducted by a military police officer, as they are typically less experienced. We will also ensure that all law enforcement procedures were followed and that your constitutional rights were not violated.

We will review dashcam and bodycam footage to identify any procedural errors. Our goal is to challenge the case against you by questioning the legality of the traffic stop, thoroughly examining the field sobriety tests, and contesting the results of the blood or breath test. We will also provide alternative explanations for the evidence and may seek to suppress evidence if the police officer violated your constitutional rights.

If you need assistance with a DUI case in the Army, call us directly at 855-442-6149 for a free consultation. At Capovilla and Williams, we are dedicated to supporting Soldiers in need, and we take great pride in our mission. We’re here to help.

Daniel Higgins

Partner and Military Attorney

Capovilla and Williams