if you're pending DUI charges off post can the military punish you while pending charges?

Question

if you're a Soldier pending charges for drinking and driving on the civilian side, can the military punish you while pending the civilian court's decision if the incident did not happen on post and the civilian court has not yet punished you?

Answer 1

Yes. It is a matter of policy in my command and many others to punish DUI in the military justice system while awaiting civil trial. You were ordered not to drink and drive so DUIs are charged under the UCMJ for violation of Article 92. "Failure to Obey a Lawful Order". This is a completely different charge than the civilian allegation of "operating a motor vehicle while impaired". There is no double jeopardy.

Answer 2

Of course they can. Read the UCMJ. You will not see anywhere in the UCMJ that the military has to wait for a civilian court to rule or that they are bound by the decision of a civilian court.

Answer 3

I've never seen it happen. Normally they wait for your conviction off base before bringing you up on UCMJ charges.

Answer 4

yeap no such thing as double jeopardy and besides UCMJ has this lovely little catall about bringing dishonor to the uniform.