Aviano cracks down on DUI punishments

  • Published
  • By Senior Airman Sarah Gregory
  • 31st Fighter Wing Public Affairs
AVIANO AIR BASE, Italy --  Getting a DUI affects more than the count on Aviano’s DUI billboard. Repercussions can vary from a dishonorable discharge to confinement and can have lasting effects on a military career and now they can be more severe than ever. 

According to the 31st Fighter Wing’s new policy, the sentencing official is now no longer the offender’s squadron commander, but rather their group commander. Since group commanders are higher ranking than squadron commanders, harsher punishments can be handed down. 

Two major factors that determine the severity of the punishment received are where a driver is caught and who stops them, said Capt. Darrin Skousen, 31st Fighter Wing chief of military justice. “If they are stopped on base by our security forces members, then it’s all within our hands and a normal investigation will go on. If they are stopped off base by the Carabinieri or the commune polizia, it’s in Italian jurisdiction.” 

The Italians conduct the breathalyzer test and make the initial allegation that someone was driving impaired. From that point on, it’s an Italian case until they turn over jurisdiction to the military. 

“It’s in their hands until we are given control,” said Captain Skousen. “No matter what, we automatically request jurisdiction for any allegation, DUI or not.” 

One of biggest concerns commanders and community members have is why it takes so long for DUI punishments to be handed out. Things that affect the timing are when there is property damage or personal injury involved and jurisdiction requests.
 
“The Italian law enforcement gets the case and, if there is no property or personal injury damage, we feel comfortable that when we make our request for jurisdiction, we will get the case,” Captain Skousen said. “The more serious the damage is, the more likely the Italians are going to want to keep it because they have a greater interest in delivering justice.” Captain Skousen said local prosecutors send the request to the Ministry of Justice in Rome. 

The maximum punishment that Italian authorities can sentence is a month in jail and a €1,032 fine. If the DUI resulted in personal injury or property damage, the amount of the fine or jail time increases. 

If someone is caught on base, they are automatically charged under the UCMJ. Depending on specific case circumstances, the member could be charged with an Article 15 or a court martial. The maximum punishment in a court martial situation is a bad conduct discharge, six months confinement, possible loss of all stripes and a forfeiture of pay. If the DUI results in personal injury or property damage, the maximum punishment increases to a dishonorable discharge and 18 months confinement. 

Most people get an Article 15 and the maximum punishment is determined by the rank of the officer issuing the punishment. For example, a lieutenant colonel or colonel could take away more stripes than a captain. 

Other DUI punishments could incur if the member refuses to take a breathalyzer test.
“If we have probable cause for a DUI, such as a weaving car or alcohol odor, we give the driver a field sobriety test and a breathalyzer test,” said Master Sgt. Travis Harris, 31st Security Forces NCO in charge of police services. “If they refuse to take the breathalyzer, we apprehend the driver, who is taken to the clinic for blood-testing and they lose their license for one year.” 

Another thought to take into consideration is injuries. Normally, if a person is injured on the job so severely that they are unable to perform their job, they would get medical retirement and then VA benefits. However, if a person is injured while not on the job, they risk losing their benefits. 

“The military does a determination to see if what you were doing was in the line of duty, and if it isn’t, then you lose your medical retirement,” Captain Skousen said.
Essentially, it all comes down to risk assessment and deciding if these risks are something a member is willing to live with – that is if they survive an accident resulting from a DUI.