Washington State will process your criminal case through Bremerton Municipal Court. Your command will process its own proceedings independently. One does not wait for the other. A dismissal in civilian court does not stop military consequences, and a favorable outcome at Captain’s Mast does not resolve your civilian charges.
Getting a DUI while on leave near Naval Base Kitsap is not just a civilian legal problem. It is two problems running at the same time on two separate tracks, and the decisions you make in the first 24 hours affect both.
David LaCross, head attorney at LaCross Law, has spent decades defending DUI cases in Kitsap County, and of counsel attorney Patrick McLain has vast experience with cases involving active-duty service members stationed at Naval Base Kitsap.
What Washington State DUI Law Means for You
Under RCW 46.61.502, Washington defines DUI as operating a vehicle while impaired by alcohol, drugs, or a combination of both, including prescription medication. Specific legal thresholds include:
- 0.08% BAC or higher for drivers 21 and over
- 0.04% BAC or higher for commercial drivers
- 0.02% BAC or higher for drivers under 21
- 5.00 nanograms per milliliter THC or higher for cannabis
Washington is also an implied consent state. By driving here, you have already agreed to submit to a breath or blood test if law enforcement suspects DUI. Refusing triggers an automatic license suspension and can be used as evidence against you in court.
A first offense is a gross misdemeanor carrying a mandatory minimum of 24 hours in jail, fines starting at $990.50, and a 90-day license suspension. At a BAC of 0.15% or higher, those minimums increase to a minimum of 48 hours of jail time, fines that start from $1,245.50, and a one-year suspension. The penalties escalate significantly with each subsequent offense.
The Seven-Day Window You Cannot Miss
After a DUI arrest in Washington, you have seven days to request a hearing with the Washington Department of Licensing to contest your license suspension. If you miss that window, the suspension becomes automatic 30 days after your arrest, regardless of what happens in court. Call a DUI defense attorney the same day you are released.
What Happens to Your Military Career?
This is where a DUI while on leave becomes a different kind of problem compared to what a civilian faces. Once your command learns of the arrest (and they will learn), military proceedings begin independently of anything happening in Bremerton Municipal Court.
Depending on your rank, record, and the circumstances of the arrest, you may be facing one or more of the following:
- Captain’s Mast or Non-Judicial Punishment (NJP): Your commanding officer has broad authority to impose punishment without a court-martial. That can mean reduction in rank, forfeiture of pay, restriction to base, or extra duty. This can happen quickly, often before your civilian case has even reached a preliminary hearing.
- Court-Martial: In more serious cases, particularly those involving an accident, injury, a minor in the vehicle, or a prior DUI, federal military charges are possible. A court-martial carries its own penalties entirely separate from anything a civilian court imposes.
- Loss of security clearance: A DUI conviction may disqualify you from positions requiring a clearance. Depending on your rate and role, this can redirect or end your career path permanently. The adjudicative process considers the nature of the offense, your conduct before and after, and whether there is evidence of a pattern.
- Administrative separation: Repeated offenses or a particularly serious incident can trigger discharge proceedings. The characterization of that discharge (honorable, general under honorable conditions, or other than honorable) follows you for the rest of your life and affects benefits, employment, and more.
- Mandatory reporting: Reporting a DUI to your commanding officer is not optional. Delaying it makes things significantly worse. Getting ahead of it with an attorney already in your corner is a far stronger position than being called in.
The military and civilian cases move on separate timelines and are decided by different authorities. An outcome in one does not automatically resolve the other. Both need defending, and each requires a different kind of attorney.
How David LaCross Defends These Cases
An arrest is not a conviction. The state has to prove every element of the charge beyond a reasonable doubt, and there are real, effective ways to challenge DUI cases in Washington.
David LaCross is certified in field sobriety testing, crime lab processes, and blood testing procedures. He knows how these tests are supposed to work and where they break down.
Common defense approaches include:
- Challenging the accuracy of BAC test results
- Questioning whether the traffic stop itself was lawful
- Identifying procedural errors during the arrest
- Reviewing whether your constitutional rights were protected throughout
For service members, that defense has to hold up in court and before your command.
Facing a DUI Charge Near Naval Base Kitsap? Fight Back.
You do not need to have everything figured out before you call us. David LaCross, named Best Criminal Defense Attorney in Kitsap County multiple years running, has spent decades standing by people facing serious charges in Bremerton and across Washington State.
Not everyone reading this was the one charged. Sometimes it is a spouse, a parent, or a fellow service member trying to figure out how to help. We will explain everything in plain language and stand by your family through every step of what comes next.
Call LaCross Law at 360-447-9365 or send us a message. The consultation is free.
Frequently Asked Questions About What Happens When You Get Charged With a DUI While on Leave
1. Will my command find out about a DUI arrest in Bremerton?
Yes. Washington law requires law enforcement to notify military authorities when an active-duty service member is arrested. Even if it were not required, your commanding officer will expect you to self-report. Getting ahead of it with a DUI defense attorney already in your corner is a far stronger position than being called in.
2. Does a civilian DUI conviction automatically affect my military career?
Not automatically, but it triggers a separate military process that can. Your command will conduct its own review independent of what happens in civilian court. The outcome of one does not determine the outcome of the other.
3. Can I be punished by both the military and the civilian court for the same DUI?
Yes. Double jeopardy does not apply between civilian and military proceedings. You can face penalties in Bremerton Municipal Court and NJP or court-martial from your command for the same arrest.
4. What happens to my security clearance if I am convicted of DUI?
A conviction does not automatically revoke a clearance, but it triggers a review. Adjudicators consider the nature of the offense, your conduct before and after, and whether there is a pattern of behavior. A single first offense handled responsibly carries less risk than one left unaddressed. Talk to your attorney about how to document your response to the charge.
5. Do I need a military attorney or a civilian attorney?
You can have both, and it’s recommended. David LaCross focuses on your civilian criminal case, the one that goes on your permanent criminal record. For military proceedings, a JAG attorney can advise you on how to respond at Captain’s Mast and can represent you directly if the case escalates to court-martial.
6. What should I do first after a DUI arrest while on leave?
Request your DOL hearing within seven days, and remember that the clock starts immediately. You should also call an attorney before speaking to anyone else, including family members and fellow service members. You’re better off not posting anything on social media, and you should write down everything you remember about the arrest while it is still fresh.
