What Is the Punishment for Article 112?

In the military, Article 112 are the statutes that apply to military personnel who are drunk on duty. Under these statutes, military personnel who are suspected of being intoxicated while on duty could be subject to prosecution. This statute includes provisions for drinking to the point of excess, using any drug that is illegal or impedes the ability to work, or if they are drunk while imprisoned. If you have been accused, you may be asking, “What is the punishment for Article 112?”

The punishment for UCMJ Article 112 can be significant and have a lasting impact on your military career.

Drunk On Duty

For you to be accused of being drunk on duty, there must be evidence that your physical state was inhibited to the point that you could not properly perform your duties. Drunkenness often means that you are not in full physical or mental control of yourself and, therefore, may be incapable of making important decisions.

While consuming alcohol itself is not a crime, it becomes one if alcohol is detrimentally interfering with the ability to work and perform job tasks. To be considered drunk, a person’s blood alcohol content must be above .08%. However, Article 112 also includes incapacitation, which is further defined as being unable to properly carry out duties as assigned.

It is important to understand that you do not have to consume alcohol before going to work to be charged. In fact, if you drink the night before work and come in the next day with a hangover, you could be deemed incapacitated because the effects of the alcohol have made it difficult to fully perform the duties you were assigned.

Proving Drunkenness and Other Incapacitations

When military personnel are unable to perform their duties, there can be severe consequences to others or to their own safety and that of others. For those in the military, everyone plays a role and helps to keep citizens protected. Without each person performing their role, safety, and security can be brought into question. There are three ways a person could be convicted under Article 112.

• For drunkenness, the prosecution must be able to prove that the person accused was on an assigned duty and that they were drunk while performing that duty.
• For the inability to perform their duty because of alcohol intoxication or drug use. The prosecution must show that the accused was tasked with performing a specific duty, that they were unable to do so because of an incapacitation, and that the incapacitation was the result of alcohol or drug use.
• For those who are incarcerated in a military prison, the prosecution must prove that the accused was, indeed, a prisoner and that while they were a prisoner, they consumed alcohol to the point of drunkenness.

Any of these scenarios could result in a conviction that can carry heavy penalties.

Maximum Penalties for Article 112 Violations

The circumstances of the charges you face in an Article 112 trial will influence the potential penalties that you face. Like civilian courts, there are mitigating circumstances that could become a factor in your case. However, if convicted of violating Article 112 for drunk on duty, you could face up to nine months of confinement, forfeiture of pay for a specified period of time, or you could be discharged on the grounds of bad conduct.

If you are convicted of violating Article 112 for incapacitation or being drunk while in prison, potential penalties could be reduced, but the exact sentencing would be issued by court-martial.

If you are accused of such crimes, it is important that you seek the help of an attorney as soon as possible. You are entitled to a number of rights, the first of which is the right to either a military attorney or to hire a civilian attorney. If you hire a civilian attorney, you can still utilize the services of a military attorney on your legal team. By bringing in an attorney early, they can immediately start to build a defense that could help while protecting your rights.

FAQs

Q: What Is the Maximum Punishment for Article 112?

A: The maximum punishment for Article 112 depends on what type of violation you are convicted of. If you are convicted of being drunk on duty, you could face up to 9 months of confinement, forfeiture of pay, and be discharged for bad behavior. It is wise to seek support from an experienced criminal and military defense attorney to minimize punishment for Article 112.

Q: What Is UCMJ 112?

A: Article 112 of the Uniform Code of Military Justice is the statutes that apply to military personnel who may be drunk on duty, incapacitated while performing their duties, or are deemed to be drunk in prison. Article 112 seeks to protect the safety and well-being of those on and off duty by ensuring each person is performing their duty to their full mental and physical potential.

Q: What Is the Article 112 of the Court-Martial?

A: Article 112 is an offense that could result in a court-martial. Under this statute, military personnel may not be drunk or otherwise incapacitated while carrying out their assigned duties. If they are found guilty in a court-martial, they could forfeit pay, spend time in confinement, or be discharged for bad behavior.

Q: Is UCMJ Article 112a a Felony?

A: Article 112a of the UCMJ could be tried as a felony. Article 112a is a statute that governs the wrongful use, possession, manufacturing, or other illegal actions involving controlled substances. The military has a zero-tolerance policy on these substances and if accused, could find you in a court-martial. If convicted, you could face years in prison.

UCMJ Article 112 Attorney

If you serve in the military and are charged with violating UCMJ Article 112, you should seek legal help. Not only can an attorney help ensure your rights are protected, but they can also work to build a defense that could help you avoid the serious consequences associated with a conviction. Contact Aaron Meyer Law today to find out how we can help.