UCMJ and Civilian Law Conflicts: DUI, Domestic Violence, Drug Charges (2026)
Bottom Line Up Front: Military members can be punished by BOTH civilian courts AND military justice (UCMJ) for the same offense - this is NOT double jeopardy. A single DUI can result in civilian conviction PLUS Article 15 or court-martial. Domestic violence triggers mandatory Lautenberg Amendment consequences (lose gun rights = lose career). Drug charges are career-ending in most cases. This guide explains how dual jurisdiction works, your rights, and how to protect your career.
Table of Contents
- Understanding Dual Jurisdiction
- DUI: Civilian and Military Consequences
- Domestic Violence: The Career Ender
- Drug Charges: Zero Tolerance
- Financial Crimes
- Protecting Yourself
- FAQ
- Official Sources
Understanding Dual Jurisdiction
Why You Can Be Punished Twice
It's NOT double jeopardy.
The Double Jeopardy Clause prevents being tried twice for the same offense by the same sovereign. Military and civilian courts are separate sovereigns - like being tried by both federal and state courts.
Example:
- You get a DUI off-base
- Civilian court: Fines, license suspension, possible jail
- Military: Article 15 OR court-martial (separate from civilian case)
- Both can happen for the same incident
Which System Acts First?
Depends on where the offense occurred:
| Location | Primary Jurisdiction | Secondary |
|---|---|---|
| Off-base, off-duty | Civilian courts | Military may follow |
| On-base | Military (UCMJ) | Civilian if felony |
| Deployed overseas | Military (UCMJ) | May involve SOFA |
Command Notification
Civilian authorities often notify your command:
- Arrest reports frequently sent to military police
- Commanders receive notification of pending charges
- Don't assume your command won't find out
- Hiding it makes everything worse
DUI: Civilian and Military Consequences
Civilian DUI Consequences
First Offense DUI (typical):
| Consequence | Range |
|---|---|
| Fine | $500 - $5,000 |
| License suspension | 90 days - 1 year |
| Jail time | 0 - 30 days (often suspended) |
| Probation | 6 months - 2 years |
| Community service | 20 - 100 hours |
| DUI classes | 8 - 52 weeks |
| Ignition interlock | Possible |
| SR-22 insurance | 3 years (expensive) |
Aggravating factors increase penalties:
- BAC over 0.15%
- Accident causing injury/death
- Minor in vehicle
- Previous DUIs
Military DUI Consequences
After civilian case, military can ALSO punish:
Article 15 (NJP):
- Reduction in rank (1-2 grades)
- Forfeiture of pay (up to 1/2 month × 2)
- Extra duty (up to 45 days)
- Restriction (up to 60 days)
- Formal reprimand
Court-Martial (for serious cases):
- Dishonorable/bad conduct discharge
- Confinement (months to years)
- Total forfeiture of pay
- Reduction to E-1
- Federal conviction record
DUI Impact on Military Career
Immediate effects:
- Security clearance review (possible suspension)
- Loss of driving privileges on base
- Likely ineligible for promotion
- May be flagged for adverse action
- Career progression halted
Long-term effects:
- Reenlistment may be denied
- Special assignments unlikely
- Command positions affected
- Retirement may be impacted
What to Do If Arrested for DUI
At the scene:
- Do NOT resist arrest
- Provide required information (name, license)
- Politely decline field sobriety tests (in most states)
- Request to speak with attorney
- Do NOT discuss with arresting officers beyond basics
Immediately after:
- Contact civilian DUI attorney (before talking to anyone)
- Notify your chain of command (don't wait for them to find out)
- Request military legal assistance (JAG)
- Document everything
Domestic Violence: The Career Ender
Why Domestic Violence Is Different
The Lautenberg Amendment (18 USC § 922(g)(9)):
If you're convicted of a "misdemeanor crime of domestic violence," you are permanently prohibited from possessing firearms or ammunition.
For military members: No weapons = No military career
This applies to:
- Misdemeanor convictions (not just felonies)
- State and local convictions
- Federal convictions
- Some Article 15s (if elements match)
What Counts as Domestic Violence?
Covered relationships:
- Spouse (current or former)
- Cohabitant (current or former)
- Person you share a child with
- Dating partner (varies by state)
Covered offenses (if committed against above):
- Assault
- Battery
- Criminal threats
- Harassment
- Stalking
- Violation of protective order
Civilian vs Military Consequences
Civilian consequences:
| Type | Typical Penalties |
|---|---|
| Misdemeanor DV | Fine, probation, counseling, possible jail |
| Felony DV | Prison, permanent record |
| Protective order | Restrictions on contact, residence |
Military consequences:
| Action | Result |
|---|---|
| Military Protective Order (MPO) | Immediate, no court required |
| Command-directed investigation | Standard |
| Article 15 | If elements proven |
| Court-martial | For serious offenses |
| Administrative separation | Common even without conviction |
| Lautenberg bar | Ends career if conviction occurs |
Military Protective Orders (MPO)
What it is: Commander-issued order restricting contact/proximity
How it differs from civilian restraining order:
| Factor | MPO | Civilian Order |
|---|---|---|
| Who issues | Commander | Judge |
| Evidence needed | Low standard | Preponderance |
| Duration | Until commander removes | Set term |
| Violation penalty | UCMJ | Criminal contempt |
| Appeal | To commander | To court |
MPO typically requires:
- No contact with protected person
- Stay away from residence
- Surrender weapons
- Regular check-ins
Protecting Yourself
If accused of domestic violence:
- Do NOT contact the alleged victim (even to apologize)
- Comply with all protective orders (violation = additional charges)
- Get civilian AND military attorneys immediately
- Document everything (texts, emails, witness contacts)
- Attend all required appointments (counseling, court dates)
What NOT to do:
- Violate protective orders (even if victim contacts you)
- Discuss case with coworkers
- Post on social media
- Destroy evidence
- Intimidate witnesses
Drug Charges: Zero Tolerance
UCMJ Article 112a
Article 112a covers:
- Possession of controlled substances
- Use of controlled substances
- Distribution of controlled substances
- Manufacturing controlled substances
Maximum punishments (court-martial):
| Offense | Maximum |
|---|---|
| Marijuana use | DD, 2 years confinement |
| Cocaine/heroin use | DD, 5 years confinement |
| Distribution (any drug) | DD, 15 years confinement |
| Manufacturing | DD, 15 years confinement |
Military vs Civilian Drug Prosecution
Civilian prosecution:
- Depends on state laws
- Marijuana legal in some states (but NOT for military)
- First offense often deferred/diverted
Military prosecution:
- Zero tolerance regardless of state laws
- Positive urinalysis is sufficient evidence
- Administrative separation is common result
- Court-martial for distribution/serious cases
Marijuana Is Still Illegal for Military
Even in states where recreational marijuana is legal:
- Federal law prohibits marijuana possession
- Military members are subject to federal law
- CBD products can cause positive test
- THC can be detected 30+ days after use
There is NO safe marijuana use for military members.
What Happens After Positive Drug Test
Typical timeline:
- Day 1: Commander notified of positive test
- Day 1-3: Service member notified, legal rights explained
- Day 3-10: Investigation (who, what, when, where)
- Day 10-30: Decision: NJP, court-martial, or admin sep
- Day 30-90: Processing (depending on decision)
Most common outcomes:
| Situation | Likely Result |
|---|---|
| First positive, marijuana | Admin separation (General/OTH) |
| First positive, hard drugs | Court-martial OR admin sep |
| Distribution (any amount) | Court-martial |
| Second positive | Court-martial, DD likely |
CBD and Hemp Products
WARNING: Many CBD products contain THC
- CBD is unregulated, labeling often inaccurate
- "THC-free" products have caused positive tests
- You are responsible regardless of labeling
- The military does NOT accept "it was just CBD" as excuse
Safe approach: Avoid ALL hemp/CBD products while in uniform.
Financial Crimes
What Counts as Financial Crime
Common military financial crimes:
- Bad checks: Writing checks without funds
- Credit card fraud: Using another's card
- Travel fraud: False travel claims
- BAH fraud: Lying about dependents/residence
- Government property theft: Taking/misusing equipment
Dual Prosecution for Financial Crimes
These can be prosecuted by:
- Civilian authorities (state/federal)
- Military (UCMJ Article 121-134)
Example: Credit card fraud
- Civilian: Felony fraud charges, prison, restitution
- Military: Court-martial, DD, confinement, forfeiture
Financial Crime Consequences
Civilian:
- Felony conviction (affects employment forever)
- Restitution (pay back what was taken)
- Prison time
- Probation
Military:
- Administrative separation (OTH or worse)
- Court-martial for serious amounts
- Repayment required
- Loss of security clearance
- Ends career
Security Clearance Impact
Financial crimes = Automatic clearance review
- Trustworthiness questioned
- Access to classified suspended
- Investigation opened
- Clearance likely revoked
Protecting Yourself
General Principles
1. Know the law applies everywhere
- UCMJ applies 24/7, on and off duty
- "I didn't know" is not a defense
- State legal doesn't mean military legal
2. Get legal help immediately
- JAG provides military legal advice (free)
- Civilian attorney for civilian charges (paid)
- You may need BOTH
3. Don't make it worse
- Lying makes everything worse
- Destroying evidence is additional crime
- Violating orders compounds punishment
4. Understand your rights
- Right to remain silent
- Right to attorney
- Right to refuse consent to search (with limits)
When to Get an Attorney
Get civilian attorney if:
- Arrested by civilian police
- Charged with civilian crime
- Facing potential prison time
- Civilian court date scheduled
Get military attorney (TDS/ADC) if:
- Facing court-martial
- Offered Article 15
- Under investigation
- Administrative separation initiated
You can have both working on the same incident.
Talking to Investigators
UCMJ Article 31 Rights (military Miranda):
Before military investigators can question you about an offense:
- You must be informed of alleged offense
- You must be warned that statements can be used against you
- You must be informed of right to remain silent
- You must be informed of right to attorney
Civilian Miranda rights apply to civilian police.
Best practice: Don't talk to ANY investigators without attorney.
FAQ
Can I be punished by both civilian and military courts for the same thing?
Yes. This is called "dual sovereignty" and is not double jeopardy. Military and civilian systems are separate jurisdictions.
If civilian court drops charges, am I safe from military action?
No. The military can proceed with UCMJ action even if civilian charges are dropped, dismissed, or result in acquittal. Different burden of proof.
Does a civilian DUI conviction mean automatic discharge?
Not always. First-time DUI usually results in Article 15 and career damage, but not automatic discharge. Pattern of misconduct or aggravating factors increase separation likelihood.
Can I use marijuana in a legal state during leave?
No. Marijuana use is illegal for military members regardless of state law. You are subject to federal law and UCMJ everywhere, all the time.
What if my spouse doesn't want to press charges for domestic violence?
Doesn't matter. In most states, the prosecutor decides whether to pursue charges, not the victim. Military can also proceed regardless of victim preference.
Will my security clearance be revoked automatically?
Not automatically, but likely review. Any criminal conviction or pending charges typically triggers security clearance review. Serious offenses often result in revocation.
Action Steps
If You're Under Investigation:
- Do NOT discuss case with anyone except attorneys
- Request military attorney (TDS/ADC)
- Hire civilian attorney if civilian charges filed
- Gather any exculpatory evidence
- Document your version of events (for attorney only)
- Comply with all lawful orders
If You Receive Article 15:
- Consult with military attorney before accepting/refusing
- Understand right to refuse (demand court-martial)
- Evaluate evidence strength
- Consider career impact of each option
- Make informed decision with legal advice
If Charged Civilly:
- Hire civilian criminal defense attorney
- Attend all court dates
- Notify chain of command (they'll find out anyway)
- Keep military attorney informed
- Focus on best outcome for civilian case
For Prevention:
- Don't drink and drive (ever)
- Remove yourself from domestic conflicts before escalation
- Never use illegal drugs or questionable supplements
- Maintain financial integrity
- Know that off-duty conduct affects your career
Official Sources
- UCMJ Full Text: jsc.defense.gov/Military-Law/ (Last verified: 2026-02-22)
- Manual for Courts-Martial: jsc.defense.gov (Last verified: 2026-02-22)
- Lautenberg Amendment: atf.gov (Last verified: 2026-02-22)
- Military Legal Assistance Locator: legalassistance.law.af.mil (Last verified: 2026-02-22)
Related Guides
- Article 15 Financial Recovery
- Security Clearance Financial Requirements
- Military Bankruptcy Guide
- BAH Fraud: What NOT to Do
Remember: Military service holds you to a higher standard. Civilian legal troubles don't stay civilian - they become military problems too. The best protection is prevention: don't drink and drive, walk away from domestic conflicts, and stay away from drugs. If you do face legal trouble, get professional help immediately and don't try to handle it alone.