JBER redoubles efforts to detect and arrest drunk drivers

  • Published
  • By Airman 1st Class Omari Bernard
  • JBER Public Affairs
JOINT BASE ELMENDORF-RICHARDSON, Alaska --  "If you're a [service member] and you get a DUI, it's going to take you roughly $2,500 to even attempt to expunge it - you're going to be in debt," said Air Force Capt. Adam Wesley Phillips, operations officer for the 673d Security Forces Squadron on JBER. "Two, at some point you will receive disciplinary action. I would say it is not worth it to drink and drive."

A DUI can seriously impact service members' chances for advancement and retention especially if the service member's commander deems it necessary to give a reduction in rank or a suspended reduction as a result. It can also prevent them from testing for advancement to the next higher pay grade.

"Each case is decided on its own merits," said Air Force Capt. James Gutzman, chief of military justice for the 673 ABW. "A frequent response to a DUI is an Article 15, however, I've seen DUIs taken to a special court-martial when circumstances warrant."

In a case in which the legal office makes a recommendation for Article 15 non-judicial punishment to the commander, the commander makes a decision. If the service member decides to accept the Article 15, the commander, after considering any matters presented by the member, decides on the guilt or innocence of the member.

"If found guilty, the commander then also decides the punishment in consideration of all matters before him or her," Gutzman continued. "If the member turns down the Article 15 and demands court-martial, the command makes the decision as to whether a court-martial is appropriate."

The punishment from an Article 15 can include loss of rank, loss of pay, restriction, extra duties and a reprimand. In addition to the above, a special court-martial can sentence a member to up to one year of confinement, hard labor without confinement and a bad conduct discharge.

According to the Alaska Court's website the cost of a first offense DUIs are as follows:
  • A jail sentence with a mandatory minimum of 48 hours
  • A mandatory minimum fine of $1,500
  • Revocation of the driver's license or privilege to obtain a license for 90 days
  • For violations involving alcohol or intoxicating liquor, an order requiring use of an ignition interlock device after the privilege to drive is regained (except in certain communities not on the state road system)
  • An order to submit to drug and alcohol evaluation and complete any treatment program required by the evaluating agency
  • An order to pay the cost of imprisonment
"Many of the DUIs here occur off base and are prosecuted by the Anchorage district attorneys," Gutzman said. "The area defense counsel does not represent people in the Alaska court system. The service member would have to pay for a civilian attorney or represent themselves."

The objective of the DUI checkpoints is to primarily deter, but also to detect, DUIs on the installation. During a stop at a checkpoint the SFS personnel will inform the stopped driver they are to proceed through a sobriety checkpoint in compliance with the joint base commander's directive.

"From that point on it's like another traffic stop, with the exception of the preliminary breath test which is only implemented on military members that are driving the vehicle," he said.

"These checkpoints are another tool to squelch down the number of DUIs," Phillips said.
A blood alcohol content of .08 is the limit for both the installation for both the base and the state of Alaska.

"You do not have to be at .08 to be charged with a DUI, if you're throwing up and stumbling all over the place, you can still be charged," he said.

There are alternative programs available to get home safely. Programs like Joint Base against Drunk Driving or JBADD, open from 11:45 p.m. to 4 a.m. Friday, Saturday, and holidays recognized by both the Army and Air Force, can be contacted at 552-HOME (4663) or 552-Ride (7433).

Service members driving under the influence may not be caught the first time or the second, said Phillips. "Eventually you will be caught."