Driving is a privilege, but it is so common that many people consider it a right. This privilege comes with many responsibilities, and when you are a member of the military, it can be an even bigger responsibility. Military members drive their personally owned vehicle (POV) on their own time and may also drive military vehicles as part of their duties. What happens when those driving privileges are suspended? What if they are overseas when those driving privileges are suspended, particularly if it is their civilian driving privileges? There are many intricacies to driving both POVs and military vehicles while stationed abroad, and a suspension of driving privileges may have a significant impact on the military member, military operations, and the military member’s career. If your driving privileges have been suspended, or you are concerned that they may be, one of our experienced traffic attorneys at Driving Defense Law may be able to assist you. Call (757) 929-0335 to schedule a consultation and learn more about how a driving privileges suspension may impact your military life.
What Reasons Can Lead to the Suspension of Driving Privileges in the Military?
According to 32 CFR Part 634.10, the installation commander may administratively suspend or revoke driving privileges for anyone on the domestic or overseas installation for cause. Additionally, they are not limited or restricted from suspending or revoking driving privileges for lawful reasons unrelated to safe vehicle operation or traffic violations. Military members and others on the installation may also have their driving privileges suspended for violations of installation parking regulations. These regulations are determined by the installation commander, who determines the standards for suspension based on violation frequency and publishes those standards.
Suspending driving privileges is not usually the first measure taken. In most cases, a military member’s driving privileges are only suspended when other measures, such as counseling, rehabilitation programs, or remedial driver training, have failed to make a difference in the driver’s performance. However, if the military member is facing an intoxicated driving incident, their driving privileges are immediately suspended pending the outcome of the incident.
What Is the Administrative Due Process for Driving Privileges Suspensions?
Each military branch has its own separate regulations for dealing with a suspension of driving privileges. Individuals who are facing a suspension or have already had their driving privileges suspended may wish to consult with a Virginia traffic attorney to learn more about the process for their branch of the military, as well as how it may affect their Virginia or other state civilian driver’s license.
Individuals should note that per Norfolk Navy Ship Yard’s Traffic Court Information, all local military installations share suspended driver information. Therefore, if driving privileges have been suspended on one installation, the service member should avoid driving on other installations until their privileges have been reinstated to avoid having further negative actions taken.
What Immediate Impact Does a Suspension Have on Military Operations?
Service members need access to reliable transportation to effectively executing missions. In addition to the ability to drive to duty locations, trainings, and meetings, they may also need to be able to drive a military vehicle as part of their duty, a training, or a mission.
Therefore, the immediate impact of driving privileges suspension can be troublesome. The suspension may impede mobility, disrupt schedules, and hamper the overall efficiency of military operations not only for the service member, but for others who rely on them.
How Can a Suspension Affect the Military Member’s Career Long-Term?
Suspension of driving privileges alone may not have an impact on a service member’s career, but the reason behind the suspension could have a significant impact. A suspension related to a driving under the influence (DUI) charge while in the military is much more likely to have a severe negative impact on a service member’s career, including the potential for a dishonorable discharge, than a suspension for parking violations. If the suspension makes it harder for the individual to receive a security clearance, it can stall the advancement of their career.
Can a Suspension of Driving Privileges Be Changed?
In some instances, the installation commander may modify a suspension and instead restrict the individual’s privileges or put them on probation. The commander may grant specific driving privileges on a case-by-case basis based on circumstances such as mission requirements, unusual personal or family hardships, or delays of more than 90 days in the formal disposition of related charges. These types of restricted privileges may include permission to drive to and from the place of duty or employment. The specific privileges allowed will be provided in writing to the driver. However, the driver must have a valid civilian license. If their driver’s license is suspended in Virginia, the commander cannot convert the suspension to restriction or probation.
If the driver violates the terms of their restricted driving privileges and probation, the permissions can be withdrawn and the suspension continues as ordered. If you have had your driving privileges suspended and would like to request restricted privileges or probation of your installation commander, Driving Defense Law may be able to assist you.
What If the Military Member Is Overseas and Their Civilian Driving Privileges Are Suspended or Revoked?
When stationed abroad, most host nations allow or require military service members to get a specific driver’s license in order to drive outside of the military installation. For example, Germany allows Army members and their family members to test for and be granted a United States Army in Europe (USAREUR) driver’s license as an alternative to a German driver’s license, per the United States Army. In all cases, the service member is required to have a valid, unexpired United States driver’s license. The Virginia Department of Motor Vehicles gives military members and their families who are living abroad the ability to apply for an extension of their driver’s license before it expires by mail. When they return to the United States, they have 180 days to appear in person to renew their license.
Some host nations have reciprocal agreements with military installations that stipulate that if the host nation suspends or revokes a service member’s driving privileges, the installation commander will honor the suspension or revocation and suspend or revoke the member’s driving privileges on the installation. If there is no established law regarding reciprocity, most installations will still automatically terminate the member’s driving privileges on the installation if the host nation has suspended or revoked their driving privileges.
How Can an Experienced Traffic Attorney Assist You?
Whether you are dealing with suspended driving privileges due to a civilian license suspension or your driving privileges have been suspended due to infractions on the installation, getting your privileges reinstated can be very important to advancing your career, keeping up with your military duties, and living your daily life. Our skilled traffic attorneys at Driving Defense Law may be able to assist you with getting civilian traffic charges reduced or dismissed, requesting a suspension be converted to restricted privileges or probation, or understanding any steps you must take to have the suspension lifted such as taking a remedial driving course or providing proof of a valid civilian driver’s license. Call (757) 929-0335 to review your suspension of driving privileges and what legal options you may have.
