Legal Question in Military Law in Iowa

us serviceman arrested in iceland for dui in rental car//REPLY

Unless the US Navy determines that they have a more compelling need for the Servicemember elsewhere, or if he still has time on his tour there, the answer is "probably" yes.

I say "probably" because there are not enough facts in your question for any attorney to give you a definitive answer. For example, I do not know if the DWI was handled by the Navy, (e.g., A Captain's Mast) or prosecuted in the Icelandic court system. Furthermore, I do not know if restitution of the damages to the car was part of any judicial or non-judicial resolution.

These questions can best be answered by either a visit to the nearest military Legal Assistance office, or if the individual had an Icelandic attorney for the DWI, a consultation with him/her.

In conclusion however, if due to a servicemember's "off duty" misconduct, such as a DWI, the military does not have to, although legally they might be able to, allow him to leave before the restitution is paid. This process is generally referred to being on "Administrative Hold."

Good Luck

Don Rehkopf