Posted on Feb 15, 2023
I got a DUI while on leave. What can I expect?
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My PSG told me today that I can finish my leave bit I need to be prepared to face the music when I get back. My leave ends after the 4 day this weekend.
What can I expect? I'm in an INSCOM unit and my job is in high demand. I know I messed up big time and am prepared to accept the punishment but will it end my career?
What can I expect? I'm in an INSCOM unit and my job is in high demand. I know I messed up big time and am prepared to accept the punishment but will it end my career?
DUI
Legal Services
UCMJ
Punishment
Posted 2 y ago
Responses: 54
I would recommend looking at the various "questions" posts regarding DUIs in the past. One specific one sticks out* as the advice given by SGM Erik Marquez seems most appropriate to your situation.
Bottom line - Will it end your career? Possibly. If you're a relatively new NCO, leadership might not hold you to as high of a standard as a senior NCO, but frankly, it comes down to the judgement of your leadership and how they view a DUI.
For some getting a DUI is a careless act and an 'otherwise good Soldier' can overcome it.
For others it shows a gross lack of judgement and you were lucky you didn't kill a pregnant mother and the van full of nuns she was driving to bingo.
Personally I was extremely hard on the DUIs that came in front of me, but I will admit that having lost a brother to a drunk driver colored my view (just relating to drive the point home that your commander's view will be shaped by their personal experience).
Additionally, you will have to 'face the music', possibly twice. You will have to face the DUI on the civilian side and then you'll have to face the ramifications on the military side. Many times the military will leave the criminal determination up to the civilian side and give you NJP, but understand that you CAN face legal action (i.e., court martial) on the military's side in addition to the civilian side - there is no double jeopardy. Will you? Again, completely up to the leadership and the servicing JAG.
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* DUI Post - https://www.rallypoint.com/answers/will-one-dui-end-my-career
Bottom line - Will it end your career? Possibly. If you're a relatively new NCO, leadership might not hold you to as high of a standard as a senior NCO, but frankly, it comes down to the judgement of your leadership and how they view a DUI.
For some getting a DUI is a careless act and an 'otherwise good Soldier' can overcome it.
For others it shows a gross lack of judgement and you were lucky you didn't kill a pregnant mother and the van full of nuns she was driving to bingo.
Personally I was extremely hard on the DUIs that came in front of me, but I will admit that having lost a brother to a drunk driver colored my view (just relating to drive the point home that your commander's view will be shaped by their personal experience).
Additionally, you will have to 'face the music', possibly twice. You will have to face the DUI on the civilian side and then you'll have to face the ramifications on the military side. Many times the military will leave the criminal determination up to the civilian side and give you NJP, but understand that you CAN face legal action (i.e., court martial) on the military's side in addition to the civilian side - there is no double jeopardy. Will you? Again, completely up to the leadership and the servicing JAG.
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* DUI Post - https://www.rallypoint.com/answers/will-one-dui-end-my-career
Will one DUI end my career? | RallyPoint
I got a dui off post. My co found out. He counseled me and said im getting a gomar and article 15. My buddy I might get chaptered by hec for qsp. Is this true?
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Lt Col Bill Fletcher
I suggest you find, hire and pay the best DUI Defense Lawyer in the Jurisdiction.
That attorney may be able to reduce the charges against you either in Court or by negotiation. That is it to sanction DUIs. It is a chance to save your career. Then never drink and drive again. You will ultimately have to report your conviction prior to any reenlistment.
That attorney may be able to reduce the charges against you either in Court or by negotiation. That is it to sanction DUIs. It is a chance to save your career. Then never drink and drive again. You will ultimately have to report your conviction prior to any reenlistment.
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LTC Reginald Brown
Here is one example of DUI not being a career ender: Captain left Army with DUI in 1993, served in National Guard, returned to Active Duty in 2004 as a Major, then promoted to LTC and COL, still serving as of 2023 May.
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You received sone great guidance. I will add that you should take the hi demand job off the table when it comes to a command determining a course of action. What I also did not see is the security clearance as a possible issue. There are sone deeper holes that this can go down, but the clearance/access could become an issue.
Return, apologize, be contrite and through yourself at the mercy of. You will need to Soldier up like you haven’t in the past. If reduced you may be moved to another Company or Battalion. Either way you will need to suck up the looks and comments and go about your duties in a way that sets you apart.
Return, apologize, be contrite and through yourself at the mercy of. You will need to Soldier up like you haven’t in the past. If reduced you may be moved to another Company or Battalion. Either way you will need to suck up the looks and comments and go about your duties in a way that sets you apart.
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SGT Bryan Lloyd
Well said , very glad no one is coming down hard on this soldier. I really didn’t expect anything different. This just tells me that we are all brothers and sisters and are willing to help in what ever way they can
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SPC (Join to see)
Clearance definitely Can become an issue. The command has the I igual say on whether you should be still granted access and be able to do your job duties. The DOD CAS has the final say in whther you keep your clearance or not in the long run.
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SGT (Join to see)
That's a good point. He'll probably have to submit a rebuttal to retain the security clearance. Hopefully his command can do a temporary security clearance while S2 processes the paperwork. Also, his commander should do a character statement endorsed by his supervisor(s)
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Well, you're lucky they aren't recalling you back from Leave. So, in a way that's a good sign. Now for the bad signs. You will be facing UCMJ, more than likely. How severe will be up to your Commander. Possible outcome is loss of rank and pay. Will it end your career? That is always a possibility. That being said, being a SGT getting a DUI is more survivable than being a SSG getting a DUI...which is not survivable.
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SGM (Join to see)
And you can expect your clearance/access to be suspended.
That is a big deal for your job and a big inconvenience for your boss.
That is a big deal for your job and a big inconvenience for your boss.
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MSG (Join to see)
SGM (Join to see) - Ouch. Didn't look at his listed MOS. Yea.....that's gonna bite hard
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SGT(P) Jody Hall
We had a saying back in my 37th Engineer days. In aviation there was 0.0 meter exception to the rule of you are burnt dishonorable discharge, that then Lt Ojeda now retired LTC used to say...
Sapper you done shit the bed. This one is going to teach you a lesson (Combat arms side engineers). You just quietly get put out as a NCO.
Sapper you done shit the bed. This one is going to teach you a lesson (Combat arms side engineers). You just quietly get put out as a NCO.
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