Understanding the costs of a DUI Published Sept. 10, 2008 By Maj. David Cazier 354th Fighter Wing deputy staff judge advocate EIELSON AIR FORCE BASE, Alaska -- Have you ever wondered what are the consequences of receiving a DUI? While most Airmen are aware there are negative consequences associated with drinking and driving, most probably do not understand the full impact of these consequences. Perhaps if Airmen better understood the true cost of drinking and driving they would be less likely to engage in this foolish and reckless behavior. As a starter, Alaska has mandatory minimum penalties for DUI convictions in civilian court. At a minimum, first-time offenders will be jailed for 72 hours. They will be fined a minimum of $1,500 and have their driver's licenses revoked for 90 days. They will also be charged $455 for administrative court and jail fees. Defendants in civilian DUI cases can also expect to suffer many collateral consequences, including paying thousands of dollars in attorney's fees and hundreds of dollars in increased automobile insurance premiums. In addition, just this year, Alaska joined seven other states by passing a bill requiring all convicted drunk drivers to install ignition interlock devices on their vehicles. This new law will go into effect in January 2009, and add additional costs to those convicted of drunk driving. Airmen arrested for drunk driving may also face punishment under the Uniform Code of Military Justice. While many on-base drunken driving cases are dealt with through the non judicial punishment process (Article 15s), some cases are fully prosecuted at courts-martial under the UCMJ. Punishment for drunk driving may include up to 18 months in jail, a dishonorable discharge, and reduction to E-1. Whether the result is a court-martial or non judicial punishment, a reduction in rank will cost an Airman thousands of dollars in lost pay. For example, a senior airman reduced to an airman 1st class has a reduction in pay of $159.30 per month. It would take 20 months time in grade as an airman 1st class to be promoted to Senior Airman again for a total loss of pay of $3,186. Finally, whether prosecuted under the UCMJ or civilian court, drunk drivers are subject to administrative discharge from the Air Force and will lose their base driving privileges for one year. In reality, however, all of these administrative fines, criminal penalties, and sanctions pale in comparison to what the true cost of a DUI may be. One of the toughest assignments I've had as a JAG was to defend a young Airmen who had drunk way too much alcohol and attempted to drive home on New Year's Eve. As is often the case, this Airman had been a model worker and never been in trouble before. After a night of drinking he attempted to drive home in a drunken stupor. He ended up running a stop sign and side-swiped another vehicle passing through the intersection. This young Airman's senseless decision immediately took the life of the other driver, an active and vibrant community volunteer. Facing the death he had caused, his pending discharge board and civilian criminal charges, this young Airmen felt an overwhelming sense of guilt and hopelessness as he was now confronted with the horrible consequences of his decision. His incredibly senseless decision had cut short the life of an innocent man, and had also destroyed, at least in this Airman's eyes, his own. Tragically, he was never able to overcome the consequences of his actions. Months after his discharge from the Air Force I learned that after his civilian vehicular homicide case concluded this former model Airman had taken his own life. Unfortunately, the tragedy of lives destroyed by drinking and driving is played out all too often across our society and the Air Force. Driving under the influence of alcohol is a crime under both the UCMJ and Alaska state law. While most people are familiar with the .08 breath-alcohol standard under state law, Airmen should be aware that they may still be convicted of a DUI even when under the .08 limit. "Any intoxication sufficient to impair the rational and full exercise of mental or physical faculties" is prohibited while operating a motor vehicle. If you are drinking, do not be lulled into thinking you're not impaired just because you think you're still under the .08 limit. You're probably more impaired than you realize and you may still be charged with driving under the influence. Clearly, the selfish chance one takes by drinking and driving is not worth the enormous risks to one's pocketbook, freedom, career, and most importantly to one's life and the lives of others. Recognize what is at stake, always have a plan, and refuse to put yourself in a situation where you might be tempted to engage in this reckless behavior. The costs of participating in the foolish gamble of drinking and driving are simply too high.