Driving While Intoxicated (DWI) is a serious criminal charge in Texas. For civilians, it can result in jail time, fines, driver’s license suspension, and a criminal record. For active-duty military members, however, the consequences go much further. A DWI arrest can threaten your military career, security clearance, rank, and even your ability to remain in the armed forces.
Military service members are held to higher standards of conduct under the Uniform Code of Military Justice (UCMJ). A DWI charge can trigger civilian penalties in Texas courts and military penalties from your command, making these cases particularly complex.
Texas Military DWI Defense Attorney
If you are an active-duty soldier, sailor, airman, or marine stationed in or around Austin and have been charged with DWI, you need an attorney who understands both the Texas legal system and the military disciplinary process.
Kevin Bennett has defended countless individuals accused of DWI in Travis County. He recognizes how a DWI charge can jeopardize your military career and will fight to protect your freedom, your license, and your future in the armed forces.
Call (512) 476-4626 today to schedule your free consultation with The Law Office of Kevin Bennett.
Information Center
- Civilian Penalties for DWI in Texas
- Military Consequences of a DWI
- Court-Martial Proceedings for DWI
- How DWI Charges Affect Military Status
- Nearby Military Bases to Austin
- Defenses for Military Members in DWI Cases
- Frequently Asked Questions
- Additional Resources
Civilian Penalties for DWI in Texas
Active-duty military personnel face the same criminal penalties in Texas as civilians:
- First-Offense DWI (Misdemeanor):
- Up to 180 days in jail (with mandatory minimums for BAC .15+)
- Fines up to $2,000
- Driver’s license suspension (90 days to 1 year)
- DPS surcharges of $1,000–$2,000 annually for three years
- Second-Offense DWI:
- Up to 1 year in jail
- Fines up to $4,000
- Driver’s license suspension up to 2 years
- Felony DWI (3rd Offense or Certain Circumstances):
- 2 to 10 years in prison
- Up to $10,000 in fines
- Long-term loss of license and felony record
These penalties alone can severely affect mobility, finances, and personal life. But for service members, the impact does not stop here.
Military Consequences of a DWI
A DWI arrest in Texas can trigger command involvement and punishment under the UCMJ. Depending on the branch of service and severity of the offense, service members may face:
- Non-Judicial Punishment (Article 15): Reduction in rank, forfeiture of pay, and extra duties.
- Court-Martial Proceedings: For serious or repeat offenses, service members may face formal court-martial, which can include confinement and dishonorable discharge.
- Loss of Security Clearance: Even a misdemeanor DWI may lead to suspension or revocation of clearance, limiting military career opportunities.
- Deployment Restrictions: A service member may be deemed non-deployable following a DWI conviction.
- Separation from Service: In some cases, a DWI can result in administrative separation or discharge, ending a military career.
- Impact on Promotions: A DWI conviction is often a career-ender, preventing advancement and harming evaluations.
The military views alcohol-related offenses as conduct unbecoming and as a threat to readiness and discipline. This means even a first-time DWI offense can have disproportionate effects on a service member’s career.
Court-Martial Proceedings for DWI
In addition to facing prosecution in Texas civilian courts, active-duty service members charged with DWI may also face court-martial proceedings under the Uniform Code of Military Justice (UCMJ). The type of court-martial depends on the severity of the offense, whether aggravating factors are present, and the service member’s prior record.
- Summary Court-Martial:
- Generally reserved for minor offenses.
- Penalties may include confinement for up to 30 days, reduction in rank, or forfeiture of pay.
- Although less severe, even a summary conviction can seriously harm a military career.
- Special Court-Martial:
- Comparable to a misdemeanor-level trial.
- Penalties can include confinement for up to 1 year, forfeiture of two-thirds pay for 12 months, reduction in rank, and a bad-conduct discharge.
- This level is often used for first-time DWI cases involving aggravating factors (such as property damage or high BAC).
- General Court-Martial:
- Reserved for the most serious cases, such as repeat DWIs, accidents involving injuries, or DWI combined with other crimes.
- Penalties may include multiple years of confinement, forfeiture of all pay and allowances, reduction to the lowest rank, and a dishonorable discharge.
- A dishonorable discharge carries lifelong consequences, including permanent loss of firearm rights and veteran benefits.
Even if the civilian court imposes a lighter sentence, the military can still pursue a court-martial and impose its own penalties. This means a service member could walk out of a Texas courtroom with probation but still face confinement or separation from the armed forces under military law.
How DWI Charges Affect Military Status
- Driver’s License Suspension: A suspended license can prevent soldiers from fulfilling duties that require operating military vehicles.
- On-Base Driving Privileges: The military installation itself may revoke base driving privileges, even if the offense occurred off-base.
- Civilian vs. Military Jurisdiction: A DWI may be prosecuted in Texas state courts while also being subject to military discipline. Service members can face penalties in both systems.
- Permanent Record: A DWI conviction may remain part of both a criminal record and a service record, affecting career prospects and post-service opportunities.
Nearby Military Bases to Austin
Active-duty military personnel in the Austin area are often stationed at or near the following installations:
- Camp Mabry (Austin, TX) – Home to the Texas Military Forces, including the Texas Army National Guard and Texas Air National Guard.
- Fort Cavazos (formerly Fort Hood, Killeen, TX) – One of the largest military installations in the United States, located about an hour north of Austin.
- Joint Base San Antonio (San Antonio, TX) – A major joint base about 80 miles south of Austin, housing Army, Air Force, and medical commands.
Service members from these bases may face heightened scrutiny and immediate command involvement following a DWI arrest in Austin or Travis County.
Defenses for Military Members in DWI Cases
A strong defense is essential to protect both civilian freedom and military standing. Common defenses include:
- Illegal Traffic Stop: Challenging the reason for the initial stop.
- Faulty BAC Testing: Attacking the accuracy of breath or blood tests.
- Violation of Rights: Suppression of evidence obtained unlawfully.
- Lack of Intoxication Proof: Showing that alleged impairment was not caused by alcohol or drugs.
In some cases, reducing the charge or negotiating alternative sentencing can make the difference between saving or losing a military career.
Frequently Asked Questions
Q: Will my command be notified of a DWI arrest?
Yes. Military commands are typically notified of any arrest, especially for alcohol-related offenses.
Q: Can I be punished twice, by Texas and by the military?
Yes. Civilian penalties and military discipline are separate and can both apply.
Q: Will a DWI affect my ability to deploy?
Often yes. A DWI can make you temporarily non-deployable, which may affect unit readiness and your evaluations.
Q: Can I lose my security clearance?
Yes. A DWI conviction frequently triggers clearance suspension or revocation.
Q: Will I be discharged for a first-time DWI?
It depends on the facts and your command. Some first-time offenders receive Article 15 punishments, while others may face separation proceedings.
Additional Resources
Texas Penal Code – DWI: Texas Penal Code § 49.04 – Statute defining and penalizing Driving While Intoxicated.
Uniform Code of Military Justice (UCMJ): UCMJ Full Text – Federal code outlining offenses and punishments for service members.
Fort Cavazos Official Site: Fort Cavazos Homepage – Base information and resources for service members stationed north of Austin.
Austin DWI Defense Lawyer for Military Members | Travis County, TX
For active-duty military members, a DWI is more than a criminal charge, it’s a direct threat to your military service and career. Kevin Bennett understands these high stakes and will fight aggressively to protect you in both civilian court and the eyes of your command.
The Law Office of Kevin Bennett represents service members stationed at Camp Mabry, Fort Cavazos, and throughout Travis County. Call (512) 476-4626 today for a free consultation.
