UCMJ Article 112

UCMJ Article 112 Military Defense Attorney

Just like any other job, being a member of the military comes with important guidelines that must be followed. When these rules are broken, it can result in an individual losing their rank or even being discharged. Article 112 of the Uniform Code of Military Justice touches on some of these rules, including an especially important one: members of the military cannot be drunk on duty.

For military personnel accused of violating Article 112, having legal representation familiar with military law is a necessity. Discuss your concerns involving the UCMJ with The Law Center P.C. today.

Military Defense Attorney for UCMJ Violations

Our accomplished military defense lawyers have the passion, qualifications, and knowledge needed to properly represent members of the armed forces against legal allegations. Our team has comprehensive knowledge of the Uniform Code of Military Justice, which allows us to find the greatest solutions possible for your case and fight for them. With extensive experience representing both civilians and military personnel, The Law Center P.C. has helped countless people with their military violations throughout Colorado. If you or someone you know is dealing with a proposed Article 112 violation, do not postpone asking The Law Center P.C. about what we can do for you.

What Is UCMJ Article 112?

The Uniform Code of Military Justice is a piece of legislation that outlines the varying responsibilities, requirements, and laws that members of the military must follow. It also details how different cases should be handled and the penalties a convicted individual can receive. In UCMJ Article 112, rules are established stating that military personnel cannot be intoxicated while on duty and allow it to affect their performance. The exact phrasing used in the UCMJ is a bit confusing because simply stating that individuals cannot be intoxicated is not enough. Instead, it states that being drunk on duty happens when an individual is experiencing alcohol-induced impairment that is significant enough to negatively impact their complete, rational exercise of their mental and physical capabilities or when they have reached or surpassed the legal BAC limit of 0.08%.

How Do You Violate UCMJ Article 112?

There are three main circumstances in which service members can be charged with an Article 112 violation. These include:

1. Being Drunk on Duty: To be charged with a drunk-on-duty violation, the prosecution simply must prove that a service member was intoxicated while performing an assigned task. This means that they will have to demonstrate that the defendant was impaired or exceeded the legal BAC limit of 0.08% and couldn’t perform their duties properly.
2. Being Incapacitated on Duty: In some cases, the prosecution may want to prove that the defendant was incapacitated to the point where they could not perform their duties. To do this, they will have to demonstrate that the defendant was incapacitated by drugs or alcohol and fully unable to perform what was required of them.
3. Being Drunk or Incapacitated While in Confinement: It is against both military and civil law to drink or do drugs while in confinement. If a service member who is in mandatory confinement is found to be intoxicated, they can face extreme penalties from a court-martial.

The Penalties of a Drunk-on-Duty Charge

Article 112 violations are relatively common throughout the armed forces. This is because drinking is quite popular within military culture, in addition to the fact that many commanding officers are painstakingly diligent on the UCMJ. While many individuals charged with being drunk on duty wouldn’t see the same issues if they were only dealing with civilian law, it’s crucial that you pay attention to all UCMJ guidelines to avoid a drunk-on-duty charge. Some of the consequences that can come with violating Article 112 include:

• Up to nine full months of confinement
• Dishonorable discharge
• Other-than-Honorable discharge
• Termination of military benefits, allowances, and pay
• Possible demotion or loss of position

FAQs About UCMJ Article 112 Military Defense Law

What Is the Legal Blood Alcohol Limit for Service Members?

Generally, military law is similar to civilian law regarding blood alcohol content (BAC) levels. Regarding DUI, drunk on duty, and other alcohol-related offenses, an individual cannot have a BAC of over 0.08% or be too incapacitated to perform their duties. While 0.08% is more of a baseline for determining incapacitation, a service member can have a lower level and still be found guilty of being drunk on duty.

Why Do You Need a Military Defense Attorney for UCMJ Violations?

Working with a military defense lawyer for UCMJ violations offers you a crucial advantage in your case. This is because not all attorneys are well-versed in military law, so working with someone who has experience in the field can help you better handle your case. If you are facing any kind of UCMJ violation in Colorado, hiring a military defense attorney can help you build a strategic case against the accusations.

Can You Be Discharged From the Armed Forces If You Get a DUI?

If you are convicted of a DUI while in the military, the penalties are much different than a civilian charge. A military DUI can not only result in you being demoted, losing benefits, or losing pay, but it can also result in you being discharged from the armed forces altogether.

What Is a Court-Martial?

If a service member is accused of violating military law, they will be subject to a court-martial. A court-martial is the highest tier of the military court and is where trials for service members are held. The main difference between a court-martial and the general civilian court is that the court-martial is limited in its penalties and cannot surpass the maximum punishment that was authorized.

Drunk on Duty and Other Incapacitation Violation Assistance

As a service member, you are consistently held to high standards and strict guidelines. This often makes it easier to slip up. At The Law Center P.C., we understand that mistakes happen and that life can become complicated. Our team offers compassionate guidance for UCMJ violation cases and is prepared to help you resolve yours. Talk to The Law Center P.C. to schedule a case consultation with one of our staff members.