Military DWI Consequences in San Antonio: JBSA & UCMJ

Joint Base San Antonio, which includes Lackland, Randolph and Fort Sam Houston, puts a large military community in Bexar County. A DWI arrest here affects a service member differently than a civilian, because a second process can run beside the civilian case: command discipline under the Uniform Code of Military Justice (UCMJ), administrative action, loss of base driving privileges and a review of your security clearance. Our page for a DWI attorney in San Antonio explains how the civilian side works. This page covers what changes when you wear the uniform.

We handle the civilian case and work alongside your military defense counsel. If you are an active-duty member, a reservist or a veteran, our work for active duty service members and veterans goes beyond DWI, but the first questions are usually the same: which court has the case, what will my command do, and what happens to my driving privileges and my clearance.

Where Your Case Happens Matters

Two systems can claim the same conduct, and the answer depends on where it happened and who you are. A civilian court outcome does not stop your command from acting, and a command decision does not decide the civilian case.

If It Happened on Base

An incident on JBSA is investigated by installation security forces. For a person subject to the UCMJ, drunken or reckless operation of a vehicle is an offense under Article 113 (10 U.S.C. Section 913), which was Article 111 before the 2019 renumbering. Inside the United States, the blood or breath alcohol limit it applies is the lesser of the state limit where the conduct occurred and 0.08. The military is not the only option. On land under federal criminal jurisdiction, the Assimilative Crimes Act (18 U.S.C. Section 13) lets federal prosecutors charge conduct under the state’s law when no federal statute covers it, and federal prosecutors in the Western District of Texas have used it for intoxicated driving at Fort Sam Houston. So an on-base DWI can mean command discipline, a federal case or both.

If It Happened Off Base

An off-base arrest is a Bexar County case under Texas Penal Code Section 49.04, like any other DWI, and the District Attorney’s Office decides what to charge. Your command can still learn of the arrest and act on it, and it does not have to wait for the civilian case to end. Our article on a first-time DWI explains what the civilian penalties look like.

The Military’s Own Disciplinary Process

Your commander decides how to handle a DWI, and the options run from administrative measures to nonjudicial punishment to a court-martial. Which one you face depends on the facts, your record, your rank and your command.

Nonjudicial Punishment (Article 15)

Nonjudicial punishment is called Article 15 in the Army and Air Force, Captain’s Mast in the Navy and Coast Guard, and Office Hours in the Marine Corps. It is more serious than an administrative measure and less serious than a court-martial, and it is often used for a first DWI without serious aggravating factors. Under Article 15 (10 U.S.C. Section 815), a commander can impose punishments such as reduction in grade, forfeiture or detention of pay, extra duties and restriction, within limits that depend on the commander’s rank and yours. A service member generally has the right to demand trial by court-martial instead, except when attached to or embarked in a vessel. Refusing does not end the matter, because the command may still choose a court-martial. That choice should be made only after you talk with a military defense attorney. You can also appeal an Article 15 to the next superior authority.

Court-Martial

A court-martial is a formal military criminal trial, used for more serious cases, such as a crash with injury, a repeat incident or a refused Article 15. The Manual for Courts-Martial sets the maximum punishments for Article 113: drunken or reckless operation without injury carries up to six months of confinement, total forfeitures and a bad-conduct discharge, and operation that results in injury carries up to 18 months and a dishonorable discharge. A punitive discharge can follow you into civilian life, and a court-martial case needs its own defense team.

Letters of Reprimand and Administrative Consequences

Even without punishment, a DWI commonly leads to a Letter of Reprimand in your record, a referral to the service’s alcohol program (such as ADAPT in the Air Force, the Army Substance Abuse Program or the Navy’s SARP), and effects on promotion and assignments. Administrative separation is a separate track. In the Army, separation for misconduct falls under Chapter 14 of Army Regulation 635-200. In the Navy, MILPERSMAN 1910-152 treats a DWI as an alcohol incident when the commanding officer finds alcohol was a factor, and it requires separation processing in specific situations, such as an incident after treatment or failure to complete treatment, unless a waiver is granted. Each branch has its own rules, and the thresholds, such as two alcohol-related incidents in a set period, differ.

Your Driving Privileges on JBSA

Losing the right to drive on base is one of the first consequences, and it can start before the civilian case is resolved. JBSA Instruction 31-001, which governs traffic supervision on the installation, provides for the following.

• Pre-signed notice. A person apprehended or charged with intoxicated driving on the installation is given a notice before release, with a suspension or revocation of at least one year.
• Off-base incidents. For active-duty members, family members, retirees and DoD civilians, the same one-year minimum applies to an intoxicated-driving incident wherever it happened, pending its resolution.
• Refusal. Military and DoD-affiliated civilians who refuse a lawful chemical test face a suspension or revocation of at least one year.
• Appeal. You can submit a written rebuttal or hearing request to the 502d Security Forces Group commander, received within 30 calendar days of the action. Restricted privileges can be requested.
• Restoration. Privileges are restored if the final disposition is not guilty, the charge is dismissed or it is reduced to a non-intoxicated-driving offense. A substance abuse education class is required for reinstatement after an alcohol offense.
• Your own report. Military and DoD-affiliated personnel must tell their first sergeant or commander within 24 hours if they do not meet state licensing requirements, such as when a license is suspended.

The instruction is updated from time to time, so confirm the current version. This is separate from the Texas license, which is handled through the DPS administrative license revocation process.

Your Security Clearance Is a Separate, Serious Question

Clearance eligibility is decided under the National Security Adjudicative Guidelines (Security Executive Agent Directive 4), primarily Guideline G for alcohol consumption and often Guideline J for criminal conduct. A single DWI that is reported on time and addressed properly does not usually cost a clearance automatically. Adjudicators look at whether it is an isolated event or part of a pattern, whether there are signs of a broader alcohol problem, and what you have done since. A failure to disclose, or inconsistent reporting, can raise a Guideline E personal conduct concern, which can weigh more heavily than the DWI itself.

Reporting is a separate duty. Security Executive Agent Directive 3 lists arrests among the activities that individuals with national security eligibility must report, and reports go to your security manager or command. If you hold a security clearance, get specific guidance on what to report and when, because the answer depends on your position and your agency.

Working With Both Sides of Your Case at Once

The civilian and military tracks have different rules and timelines, so a decision in one can complicate the other. A plea in Bexar County can become the basis for command action. A statement to your command can be used in the civilian case. Before you answer questions from your command or security forces about the incident, talk to a defense lawyer, and remember that you also have rights under Article 31 of the UCMJ.

Military defense counsel, such as the Army’s Trial Defense Service, the Air Force’s Area Defense Counsel and the Navy and Marine Corps defense service offices, can advise you on the military side. A civilian lawyer handles the Bexar County case and coordinates with them. The Texas license deadline also runs on its own clock. Our article on the ALR hearing 15-day deadline explains it, and the deadline applies to service members the same way it applies to civilians.

Veterans and Retirees

A veteran who has completed service is not subject to the UCMJ for new civilian conduct, so a DWI is handled in the civilian system. Retired members can remain subject to the UCMJ in some circumstances, and retirees fall within the JBSA driving-privilege rules above. A conviction can still matter to employment, to a security clearance held through a civilian job and to licensing, so the civilian outcome deserves the same care.

What This Means for Your San Antonio Case

The decisions in the first days affect both cases. We recommend the following.

1. Find your notice of suspension and count 15 days from the day you received it. Do not let the Texas deadline pass.
2. Talk to military defense counsel before giving a statement to your command, and ask which of your branch’s reporting rules apply and how quickly.
3. Keep the JBSA notice you were given, and calendar the 30-day window to challenge the loss of base driving privileges.
4. Ask your security manager what you must report, and report accurately and on time.
5. Write down your court dates and bond conditions, and talk to your command about leave and duty schedules before you commit to a plea.
6. Do not discuss the arrest with coworkers or on social media.

More About DWI Charges in San Antonio

These articles go further into questions that come up after a DWI arrest. Each one is written for Texas and Bexar County.

• Charged with DWI in San Antonio: what happens from arrest to resolution.
• ALR hearing or occupational license: how to decide between fighting the suspension and seeking a license to drive.
• No-refusal weekends: how blood warrants work and how they can be challenged.
• Out-of-state DWI arrest: what to expect if your home license is from another state.
• First court date in Bexar County: what happens and how to prepare.
• Texas Penal Code guide: where the DWI offenses sit and how they are graded.

Why San Antonio Clients Choose Barton & Associates for DWI Defense

A DWI arrest can put a career and a clearance at risk, so you need a lawyer who understands both the Bexar County case and what a plea or a conviction means for your command. Our criminal defense trial attorneys prepare each DWI case as one that may go to a jury. Our founder, Gary J. Barton, is Board Certified in Criminal Law, a former Capital Murder prosecutor and a trial lawyer who has tried more than 100 cases to a jury. Barton & Associates has handled Texas trial work since 2001.

We cannot promise a result, and you should be wary of any lawyer who does. What we can do is tell you what the State has, what the plea options mean for your service and what we recommend. The first consultation is free and confidential. Our San Antonio office is at 115 Camaron Street, San Antonio, Texas 78205. You can get directions to our office before your visit. If you can, bring or send the following when you call.

• The notice of suspension, and any JBSA notice about your base driving privileges
• The arrest paperwork, the bond conditions and the date of your next court setting
• Any paperwork from your command, such as a counseling statement, a reprimand or an Article 15 notice
• Your branch, rank and duty status, and the name of your military defense counsel, if you have one
• Whether you hold a security clearance, and what your security manager has told you
• Whether you took a breath test, gave blood or refused, and any paperwork you were given about it
• Any video or photographs from the stop, and the names of witnesses
• Your prior arrests or alcohol-related history, if any, including any command alcohol referral

Frequently Asked Questions

If I get a DWI off-base in San Antonio, will I face both a civilian case and military punishment?

Often yes. The Bexar County civilian case proceeds on its own track, and your command can separately pursue discipline or administrative action for the same conduct. It does not have to wait for the civilian case to end, and a civilian result does not decide what the command does. You may also lose base driving privileges. Plan for both tracks from the first week.

What’s the difference between Article 15 and a court-martial?

Article 15 is nonjudicial punishment, handled by your commander without a trial, for less serious misconduct. A court-martial is a formal military criminal trial, generally used for more serious cases or when a service member refuses an Article 15. The punishments are different: a court-martial can impose confinement and a punitive discharge, which nonjudicial punishment cannot. Which one applies depends on the facts and your command.

Can I refuse an Article 15?

Generally yes. A service member can demand trial by court-martial instead, except when attached to or embarked in a vessel (10 U.S.C. Section 815). It is a significant decision, because refusing does not end the matter and the command may still choose a court-martial. Talk with a military defense attorney before you decide, and before you sign anything.

Will a DWI automatically cost me my security clearance?

No. A single DWI that is reported on time and addressed properly often does not cost a clearance. The most serious problems come from patterns, from delayed or inconsistent reporting and from a failure to deal with an alcohol concern. Adjudicators consider the whole picture under Guidelines G, J and E, and what you do after the arrest matters.

Is it better to just not report my DWI if I’m not sure I have to?

No. That is risky. Security Executive Agent Directive 3 lists arrests among reportable activities for people with national security eligibility, and your command and security manager may have their own requirements. A failure to report, or inconsistent reporting, can create a more serious problem than the DWI. Get specific guidance for your position before the deadline passes.

Will I lose my driving privileges on base after a DWI arrest?

Likely yes, at least for a time. JBSA Instruction 31-001 provides for a suspension or revocation of at least one year for intoxicated driving or for refusing a chemical test, pending resolution. You can submit a written rebuttal or hearing request within 30 days. Privileges are restored if the final disposition is not guilty, the charge is dismissed or it is reduced to a non-intoxicated-driving offense.

Can both the military and Texas deal with the same DWI?

Yes. An off-base DWI is a Texas case, and your command can also act on it. On base, an incident can lead to command action, a federal case in the Western District of Texas under the Assimilative Crimes Act, or both. The authorities are separate, so a result in one does not prevent action in the other. We look at all of them together before advising on a plea.

What is UCMJ Article 113?

Article 113 is the military offense of drunken or reckless operation of a vehicle, aircraft or vessel (10 U.S.C. Section 913). It was Article 111 before 2019. It covers operating or being in actual physical control while drunk or over the applicable alcohol limit, and operating recklessly. Inside the United States the limit is the lesser of the state limit and 0.08.

Do I need a civilian lawyer if I have military defense counsel?

Usually yes, for the civilian case. Military defense counsel advises you on the military side, such as an Article 15, a court-martial or a separation board, while a civilian lawyer defends the Bexar County charge and the Texas license process. The two should coordinate, because a plea in one forum can affect the other.

Will a DWI end my military career?

Not automatically. Many service members receive a reprimand or nonjudicial punishment and continue to serve, but a DWI can affect promotion, assignments and clearance eligibility, and a repeat incident or a crash with injury changes the picture. Administrative separation rules differ by branch. The outcome depends on your record, your command and how the civilian case ends.

What if I refused the breath test as a service member?

A refusal brings consequences on both sides. In Texas, DPS can suspend your license for 180 days, or two years with a prior contact, unless you request an ALR hearing in time. At JBSA, a refusal of a lawful chemical test carries a suspension or revocation of base driving privileges of at least one year. Police can also seek a blood warrant. Each can be challenged, so bring the paperwork to your first meeting.

Does the Texas ALR deadline apply to me as a service member?

Yes, treat it that way. DPS must receive your written request for a hearing within 15 days after you receive the notice of suspension, or within 20 days of the mailing date if you consented to a blood draw, and a late request is denied. Being on active duty does not extend the deadline, so do not wait for your command or the civilian case.

Talk With a San Antonio Lawyer About a Military DWI

The sooner a lawyer is involved after a DWI arrest, the more can be done about the deadline, the evidence and the effect on your service. Speak with a San Antonio DWI lawyer at Barton & Associates about the civilian case and how it fits with what your command may do.

Call our San Antonio office at 210-500-0000 or complete the online Free Consultation form to schedule a confidential meeting. For charges beyond DWI, you can also reach a San Antonio criminal defense attorney at the same office, 115 Camaron Street, San Antonio, Texas 78205.

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Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000

Division: Criminal Defense San Antonio
Practice Area: DWI & Intoxication