Holiday season poses DUI risks

  • Published
  • By Senior Airman Delos Reyes
  • 95th Air Base Wing Public Affairs
EDWARDS AIR FORCE BASE, Calif. --  With the holiday season almost here, the Drug Demand Reduction office wants to remind Team Edwards about ways to prevent incidents resulting from people driving under the influence. 

As of December, the base has had 10 DUI cases, including military and civilian personnel. 

"Team Edwards can never let their guard down," said Jon Fishman, Drug Demand Reduction substance abuse prevention specialist. "Even though it's the holiday season, where people want to relax and have a good time, they have to take into account that it is safety first." 

Sometimes people tend to relax "too much" during this season, said Mr. Fishman. They tend to overeat, consume too much alcohol and get carried away in the excitement and festivities. 

"They forget that while they are having a good time, they still need to make sure they are employing good habits of not drinking and driving," he said. "You should plan ahead if you are going to a party or just unwinding with friends and plan to drink." 

Mr. Fishman said one of the problem is most people try to figure out their blood alcohol content level by counting how much alcohol they consumed in a certain period of time. Studies have shown that one is 1.5 times more likely to get into an automobile crash after one drink.

"Alcohol is a depressant, so when you drive after a drink, you have to consider you have sedated yourself to some extent," he said. "It also impairs your judgment." 

Under California law, proof of "per se" DUI is .08 blood alcohol content, which means once it is proven the individual was at .08 BAC or higher, the person can be found guilty. 

"Keep in mind that you may still be arrested and convicted for DUI without proof of 'per se' intoxication when other evidence of impaired driving is shown," said Maj. Seth Deam, chief of military justice. "For example, a driver with a .06 blood alcohol content can be found guilty of DUI if an arresting law enforcement officer testifies that he observed the driver's vehicle swerving badly, and that the driver exhibited both slurred speech and severe inattention during questioning after a vehicle stop." 

Under the Uniform Code of Military Justice, the state limit is also applied, Major Deam said. A servicemember can be found guilty of Article 111 even if the individual is not over the "per se" DUI level. 

Whether military or civilian, the individual will likely face civilian criminal prosecution in the court of the county where the DUI took place, he said. If a civilian committed the DUI on base, it may be that the prosecution will happen in the Federal Magistrate Court on base using California law. If a military personnel received a DUI on base or the civilian district attorney does not prosecute, the personnel is subject to disciplinary action up to and including a court-martial under Article 111 of the UCMJ.

Major Deam said people who plan to drink should have a plan and stick with it. 

"I'll share a story of an Airman who recently had a plan but failed to follow it," he said. "This Airman planned to sleep at his location and return the following morning when he was sober. But after a brief nap, he discarded his plan and got behind the wheel of his car. This Airman drove his car off the road and totaled the vehicle. The Airman was found guilty of a DUI by civilian authorities and faced an Article 15 for related conduct that evening. Luckily, neither he nor anyone else was injured." 

One program that the base has in preventing DUI is the Airmen Against Drunk Driving, a designated driver's program. The AADD program provides a free, anonymous ride to all servicemembers, Department of Defense civilians, base contractors and family members by calling 277-AADD or 275-AADD. Pick-up areas include Edwards, Rosamond, Lancaster, Tehachapi, Mojave, Palmdale and California City.