This fact sheet contains a general discussion of the impact of driving under the influence of alcohol (DUI) in the state of Indiana. It is NOT meant as a complete and current description of the laws or the consequences of driving while under the influence of alcohol in the Coast guard or in Indiana. Administrative actions and/or criminal convictions in one state can affect your ability to have a license and the extent of sanctions in another state.
COAST GUARD IMPACT OF DUI ARREST
If you are arrested for Driving Under the Influence (DUI) and are a member of the U. S. Coast Guard, be aware of the following:
1. You must notify your command and your command will contact the security officer. Military Personnel Security Program, COMDTINST M5520.12B.
2. While your are in custody, your are not eligible for pay and allowances. Pay Manual, COMDTINST M7220.29.
3. Your arrest may be considered an unauthorized absence and a CG-3307 (page 7) put in your personnel data record (PDR).
4. Your driving privileges on Coast Guard installations are subject to suspension when you are charged with or convicted or DUI. Your will be required to complete an alcohol safety awareness program to have driving privileges reinstated. Personnel Manual, COMDTINST M1000.6A, Ch. 20.A. and Driving Under Influence of Intoxicants COMDTINST 5100.46.
5. You will be considered to have been involved in an alcohol incident. Enlisted members involved in a second alcohol incident will normally be processed for separation. Personnel Manual, COMDTINST M1000.6A, Ch. 20.B. Officers and chief warrant officers involved in a second alcohol incident will be processed for separation. Personnel Manual, COMDTINST M1000.6A, Ch. 20.B.
6. Article 111 of the Uniform Code of Military Justice prohibits Drunken or Reckless operation of a Vehicle, Aircraft, or Vessel. The maximum punishment authorized is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.
Since a DUI is a criminal offense, the Legal Assistance program cannot represent a member accused of a DUI. If you are prosecuted in civilian court you should consider hiring a civilian attorney who specializes in DUI defense to represent you. If you are court-martialed a military lawyer will be detailed to represent you free of charge.
DUI ADMINISTRATIVE SANCTIONS: IC 9-30-6
By operating a vehicle you are determined to have consented to undergo a breath test, and in some circumstances, a urine or blood test.
1. Refusal to Take BAC Test. If you refuse to take a “breathalyzer”, Blood Alcohol Concentration (BAC) test, your license can be administratively suspended for 1 year. With a prior DUI conviction, your license can be suspended for 2 years.
2. BAC Test. If your BAC is greater than 0.08, or 0.02 if you are under 21 years old, your license can be suspended for 180 days or until charges are disposed of, whichever occurs first.
DUI CRIMINAL SANCTIONS: IC-9-30-5
1. The severity of the sanctions varies depending upon the level of your BAC, whether you have dad prior offenses with in the last 5 to 10 years prior to arrest for the current offense, the number of previous offenses, and aggravating circumstances such as injury or death to another or DUI with a passenger under the age of 18. The severity increases with a BAC of 0.15 or greater. Prior offenses include Indiana and equivalent out-of-state convictions.
2. Jail time. The amount of jail time varies. First offenders are subject to jail sentences from 5 days to 365 days. Subsequent offenses involve mandatory jail time up to 6 months.
3. Fine. The fine varies from $500 to $5,000.
4. Driver’s License. The impact on your license varies. A suspension of 90 day to 2 year may be recommended.
5. Vehicle Ignition Interlock Device. The use of an ignition interlock device may be ordered.
6. Alcohol Education & Treatment. Every person convicted of a DUI is required to undergo an alcohol assessment. Treatment and deterrent programs may be required based on the outcome of that assessment.
THE BEST ADVICE:
DON’T DRINK AND DRIVE
USE A DESIGNATED DRIVER
