What legal consequences are there for a civilian who is arrested for DUI (.08) on a Military Base and has a federal court date of December 9?
State/Country relating to question: Oklahoma
Nothing-- was just arrested Sept. 9.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Is the federal court in front of a federal magistrate (the citation should specify)?
My mistake, the citation states US District Court not federal court-- The arrest was on Vance Air Force Base in Garfield County, Enid, OK, but the court date is in Oklahoma City, OK. The night of the arrest, I was taken from the base to the Garfield County jail for booking and was released after 8 hours and was not required to post bail.
No, you have it right...US District Court IS federal court...but does it say if its in front of a Magistrate? Or no?And what is the US Code your charged with, does it have 18 USC ____?
It does not indicate that it is in front of a magistrate.
The code that is given is a state code 470511-902.
Thank youA federal DUI is unique, since it depends on the location of the offense.If it takes place on a base, then 32 CFR 634.34 is the standard...as you can see if your between .05 and .08 then you can be presumed impaired. But if your at .08 or above then your are DUI.This can be enough to suspend your driving privileges on the baseNow, since your in OK, the District Court can (and likely will) use the Assimilative Crimes Act to prosecute this under OK law (so they can get a criminal conviction...the CFR above is administrative in nature). So they have to prove an OK DUI...its a misdemeanor and can land you in jail for maximum of 10 days..08 is the limit...since you blew .08 your at the limit. You may want to consider hiring an attorney to contest the case...if you can get the jury or judge to consider that the machine may have been off by a small amount you may be able to get an acquittal.Let me know if you have more questions
When I took the test on the Breathalyzer machine, the first time I blew was a .10 and then the arresting officer had me blow again. The second time that I blew was a .07. I was watching the machine the entire time that I was taking it. The officer then took the print out from the machine and left the room. He came back and stated they would give me a DWI. He then left the room again came back a short time later stated that he called his JAG (He was VAFB PD non military uniform officer) and they stated that no it would be a DUI. He came back had me sign the ticket. He stated after words that I could go too the court, look presentable and try too get it dismissed, if I think he did anything wrong. The reason I am stating it is a .08 is that on my 30day temp driver license, it says .08
I was read my rights after the signing of the ticket by a military mp. Hand cuffed again by Enid PD and taken too county. I state cuffed again, as when they transported me too the building (on base) I was in they cuffed me and stated it was for their safety in transporting me from my car too the building. Though they put my friend in the front set un-cuffed.
Understand...and you may do well to contest this....if it was below .08 the government will have a more difficult time to prove the case. If you want to fight this, you really need to have an attorney assistLet me know if you have more questions
So if the machine says the first time .10 and the officer says blow again and it comes back .07 but the paper for the 30day temp lic. says .08 how did they get .08?
They did not give me the paper for the machine print out. Is this normal?
Is the military supposed to read me my rights the fist time they put me in cuffs? Are they allowed to put me in cuffs for transportation? They did not do this too my passanger.
Yea, good question...may be they "made it up"...or took the average...who knows? BotXXXXX XXXXXne here, if you want to fight this, you can...but you will want a lawyer to help you out.
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