SPC Private RallyPoint Member 1599882 <div class="images-v2-count-0"></div>So basically, my leadership is trying to getmy buddy 'busted' for underage drinking, which is far from the truth. I'm in Korea, and some buddies wanted to get out and see the country, after a long night of shops, clubs, hiking, restaurants we showed back on post, keep in mind were all over the age of 21 except my friend, we notice a bigger group, that seemed like they were definetly drinking, so we let them go through the gate to check ID cards to get on post. Out of 8 personnel, 5 got pulled to the side and we went through, and my buddy was another one that got pulled to the side, my guess is because they were under the age of 21, and just doing his duty at the time. The NCO on duty conducted a breathalyzer test on all 6 personnel, my friend being last. One after another, some a few times because they weren't doing it correctly, I made sure my friend did not consume alcohol, I was the good battle buddy I guess, and after hearing "there's a hint of alcohol so standfast", I was confused. I KNOW he did not consume any alcohol. He told me the 1sg recommended to the PLTN SGT to give him a counseling, and they're pushing for an art 15 without substantial proof, no paperwork was done, the MPs were not called, the commander did not give permission for MP to come, and the NCO on duty was not an MP. Is it allowed to just charge soldiers off word of an NCO, without any liable proof? I'm not 100% sure but I thought only MPs can administer Breathalyzers to suspected personnel under the influence, not even the Medics. Is it worth him fighting this or will it cause more problems For him? He's a SPC, and definetly would be bad to be knocked down to a fuzzy for something he had no control over. 2016-06-06T05:22:24-04:00 SPC Private RallyPoint Member 1599882

<div class="images-v2-count-0"></div>So basically, my leadership is trying to getmy buddy 'busted' for underage drinking, which is far from the truth. I'm in Korea, and some buddies wanted to get out and see the country, after a long night of shops, clubs, hiking, restaurants we showed back on post, keep in mind were all over the age of 21 except my friend, we notice a bigger group, that seemed like they were definetly drinking, so we let them go through the gate to check ID cards to get on post. Out of 8 personnel, 5 got pulled to the side and we went through, and my buddy was another one that got pulled to the side, my guess is because they were under the age of 21, and just doing his duty at the time. The NCO on duty conducted a breathalyzer test on all 6 personnel, my friend being last. One after another, some a few times because they weren't doing it correctly, I made sure my friend did not consume alcohol, I was the good battle buddy I guess, and after hearing "there's a hint of alcohol so standfast", I was confused. I KNOW he did not consume any alcohol. He told me the 1sg recommended to the PLTN SGT to give him a counseling, and they're pushing for an art 15 without substantial proof, no paperwork was done, the MPs were not called, the commander did not give permission for MP to come, and the NCO on duty was not an MP. Is it allowed to just charge soldiers off word of an NCO, without any liable proof? I'm not 100% sure but I thought only MPs can administer Breathalyzers to suspected personnel under the influence, not even the Medics. Is it worth him fighting this or will it cause more problems For him? He's a SPC, and definetly would be bad to be knocked down to a fuzzy for something he had no control over.

2016-06-06T05:22:24-04:00 2016-06-06T05:22:24-04:00 MSgt Zachary Wiederstein 1599884

<div class="images-v2-count-0"></div>Members have to accept NJP if your friend thinks he has a case I'd fight it. Lawyer up immediately. Don't answer any questions until ADC has approved. Good luck.

2016-06-06T05:31:44-04:00 2016-06-06T05:31:44-04:00 SSG Private RallyPoint Member 1599887

<div class="images-v2-count-0"></div>What did he blow on the breathalyzer?? It should have been a 0.0 if he truly didn't have alcohol. If he was underage drinking then that NCO should have gotten a hold of either the MPs or his chain of command. After the proper people were notified about him drinking underage they should have either re-blew him or taken a blood sample officially. This seems like a guilty by association incident and happens often Korea. Just make sure your buddy was doing the right thing and living the army values and he will be fine.

2016-06-06T05:37:17-04:00 2016-06-06T05:37:17-04:00 SSG Private RallyPoint Member 1600153

<div class="images-v2-count-0"></div>We had a 1SG who had a pocket breathalyzer, he used it for himself really, but that&#39;s another story. He used it on a Soldier who was believed to be drunk on duty because he (was trying to help) and did not want the MPs involved. (Normal protocol is to escort the SM to the MP station to be tested) He blew drunk and they attempted to give him an A15. The SM challenged it, requested Courts Martial, and it was immediately dropped because only Law Enforcement can lawfully give a breathalyzer.<br /><br />Further, ANYONE can call the MPs. Its like everyone is a safety officer. <br /><br />If this is truly the whole story, then -I- would request a Courts Martial on the A15. The breathalyzer conducted by other than law enforcement will be tossed.<br /><br />Trial Defense Services is a good place to stop and get advice.

2016-06-06T08:58:09-04:00 2016-06-06T08:58:09-04:00 SGM Erik Marquez 1600170

<div class="images-v2-count-0"></div>Lots of &quot;help&quot; in this thread, all well meaning.<br />In My opinion, the only valid help we can provide has already been made... <br />&quot;Trial Defense Services is a good place to stop and get advice.&quot;

2016-06-06T09:08:29-04:00 2016-06-06T09:08:29-04:00 SSgt Private RallyPoint Member 1600223

<div class="images-v2-count-0"></div>Hi, PFC Morter.<br /><br />Like a radar in a patrol vehicle, only those rated on a breathalyzer device can perform a breathalyzer test. Even just being an MP doesn't count. They have to be trained and signed off.

2016-06-06T09:29:21-04:00 2016-06-06T09:29:21-04:00 SFC Private RallyPoint Member 1600266

<div class="images-v2-count-0"></div>Don't admit to anything until he speaks to TDS.

2016-06-06T09:38:55-04:00 2016-06-06T09:38:55-04:00 SSG Roderick Smith 1600469

<div class="images-v2-count-0"></div>My comments here will be very general. I won't comment to the situation at hand because I wasn't there so I don't know all the facts, and stories are just that... stories. Even your buddy telling you what may happen to him may or may not be accurate. So take everything you hear with a grain of salt. For a little operational context, I've operated many different types over the last 12 years, have been certified as an operator and an instructor, and have conducted countless breath-alcohol tests. <br /><br />Short answer is yes, they are accurate.<br /><br />The most common type of "breathalyzer" is called an Intoxilyzer, or Intox. Operating an Intoxilyzer requires a certification by a certified instructor, because an Intox result is uber accurate, and is fully admissible in court proceedings. It is the end-all be-all. Really the only way to dispute an Intox result is to scrutinize the operator, the procedure, or the machine's calibration. However, if all of that was done correctly, good luck. I won't get into the specifics of an Intoxilyzer's inner workings. Google it, and you'll learn a lot.<br /><br />The other type of "breathalyzer", which I assume was used in your incident, is a portable breath test, or PBT. A PBT, while still usable as evidence, is no more than a Standardized Field Sobriety Test (SFST). When conducted by law enforcement, they are typically (and should be) conducted in concert with other SFSTs, like the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand tests. They are somewhat accurate; however their margin of error is significantly increased because they lack the sophistication of the Intoxilyzer. You do not need to be certified to operate a PBT. It's literally point, click, and blow into the tube for 5 seconds. Units use them all the time, sort of like an SFST, to get an idea of if a Soldier has been drinking or not. However, they are typically paired with a visit to the MP station to obtain an actual Intox result. <br /><br />A couple of final notes... <br /><br />- ANY measurable amount of alcohol in a breath-alcohol content sample for a Soldier under the legal drinking age is considered Underage Drinking. In the US, it's 0.02 Br/AC, because they factor in a margin of error of +/- 0.01%. <br /><br />- Intoxilyzers DO NOT measure BAC, or Blood-Alcohol Content. They are specifically designed to test deep lung air that has been contaminated by the alcohol in your bloodstream, which is the reason that you feel like you are going to die of suffocation when giving that log a** breath sample. However, PBTs don't require a long enough sample to measure that deep lung air, so things like residual alcohol in your mouth, throat, and upper lungs will register on a PBT. <br /><br />And that's a basic crash, non-certifying course on breathalyzers. Like everyone else says, if he feels like something isn't right, TDS can advise him on his future courses of action. <br /><br />And finally... if you're underage and it's unlawful for you to consume alcohol, just don't do it.

2016-06-06T10:34:55-04:00 2016-06-06T10:34:55-04:00 MSG Private RallyPoint Member 1600545

<div class="images-v2-count-0"></div>Inform your friend that if he does go in front of the commander for the reading of his Article 15, tell him to recommend trial by court martial and then tell him to go see JAG.

2016-06-06T10:52:56-04:00 2016-06-06T10:52:56-04:00 Cpl Mark McMiller 1600993

<div class="images-v2-count-0"></div>Tell him to request to talk to a military lawyer and then go with him to tell your version of events. There are ways that a breathalyzer can be wrong. Maybe it wasn't calibrated recently. Maybe the NCO conducting the breathalyzer did something to knowingly or unknowingly impact the result. If the military lawyer doesn't help, your buddy should go talk to a civilian lawyer who specializes in DUI cases because civilian DUI lawyers know all about breathalyzers.

2016-06-06T12:47:29-04:00 2016-06-06T12:47:29-04:00 MAJ Private RallyPoint Member 1601429

<div class="images-v2-count-0"></div>I am a Deputy Sheriff on my civilian side and I will tell you we have to calibrate our PBT's on a monthly basis (military may be different); however there is still a margin of error from .001 to .01. The PBT in itself is inadmissible in court. Blood Draw on Intox Machine run by a certified Officer/Deputy has legal standing. Not just anybody can also operate a PBT (this requires official training to understand the process). Again military has different rules and suggest you contact your Trial Defense Attorney.

2016-06-06T15:04:58-04:00 2016-06-06T15:04:58-04:00 MSG Private RallyPoint Member 1601767

<div class="images-v2-count-0"></div>even if 50 people blew into this device, if no alcohol in the system then it would come up negative, been there done that

2016-06-06T17:05:11-04:00 2016-06-06T17:05:11-04:00 SFC J Fullerton 1601768

<div class="images-v2-count-0"></div>I would say not 100%, but WTF?? An underage drinker witch hunt in Korea? Times have changed.

2016-06-06T17:05:14-04:00 2016-06-06T17:05:14-04:00 2016-06-06T05:22:24-04:00