DUI Double Jeopardy: Is Military NJP (Non-Judicial Punishment) a Criminal Prosecution, Thus Barring Further Civilian Prosecution?
In October, 2009, Robert Reveles was arrested for driving under the influence while on the Kitsay Naval Base in Bremerton, Washington. He was subsequently charged with a violation of Article 111 of the Uniform Code of Military Justice (UCMJ).
At Reveles’ UCMJ hearing, Reveles was found guilty of violating Article 111 and sentenced to a $200 forfeiture of pay, a reduction in rank (meaning less pay), extra duties for forty-five days and restrictions to the ship he was assigned to for forty-five days.
Based on the same conduct (DUI), Reveles was also prosecuted in a non-military, civil federal court for a violation of 18 U.S.C.