I got a DUI while on leave. What can I expect?

SGT Private RallyPoint Member — Wed, 15 Feb 2023 19:30:22 -0500

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?

Response by COL Randall C. made Feb 15 at 2023 7:50 PM

COL Randall C. — Wed, 15 Feb 2023 19:50:58 -0500

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

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?

Response by MSG Private RallyPoint Member made Feb 15 at 2023 7:51 PM

MSG Private RallyPoint Member — Wed, 15 Feb 2023 19:51:28 -0500

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.

Response by Maj Jarrod Graham made Feb 15 at 2023 9:59 PM

Maj Jarrod Graham — Wed, 15 Feb 2023 21:59:17 -0500

It has been a while since I have had anyone in a battalion level office hours (Article 15 for Soldiers). Usually it was at least 1 rank (I have seen a Marine selected for Staff Sergeant leave as a Corporal), 40 days restriction and EPD, and sometimes 1/2 pay. It depends on how close to reenlistment, and how bad overall retention is on not being able to continue in service.

Response by CSM Darieus ZaGara made Feb 16 at 2023 7:58 AM

CSM Darieus ZaGara — Thu, 16 Feb 2023 07:58:20 -0500

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.

Response by SFC Private RallyPoint Member made Feb 16 at 2023 9:34 AM

SFC Private RallyPoint Member — Thu, 16 Feb 2023 09:34:05 -0500

I would expect to lose your clearance. With your clearance gone, your job will be too. If you are not separated, you'll be mandatorily reclassed, probably 92Y or 88M, neither requires a clearance. If you are separated, you won't be able to get hired on as a SIGINT without a clearance

Response by MAJ Ronnie Reams made Feb 16 at 2023 9:53 AM

MAJ Ronnie Reams — Thu, 16 Feb 2023 09:53:33 -0500

I have noticed a damn the trial let us lynch him/her right now. Why the rush to punish before the DUI is proven beyond a reasonable doubt in court?

Response by CPO David R. D. made Feb 16 at 2023 1:53 PM

CPO David R. D. — Thu, 16 Feb 2023 13:53:48 -0500

Lots of good advice from various points of view. The person who commented that it really depends on your chain of command, and their personal experiences, is definitely a good insight. I've seen Commanding Officers differ from each other, when it comes to discipline.
I personally had a Sailor that showed up drunk to a Navy Day Ball, tried to fight our Command Master Chief and another Master Chief, as they tried to get him to calm down, and then the Sailor bit a police officer when they were attempting to take him in after the CMC got tired of the crap and told someone to call the police.
That Sailor was recommended for reduction in rank, restriction, loss of pay, by me, our Department Chief, the DIVO, Department Head, and XO, which would have put him at HYT and discharged. For some reason, beyond my comprehension, the CO did nothing to the Sailor, because he didn't want to send him packing bags.
How does our chain of command view you? They will be the ones that determine whether or not you stay or go home. I was a Cryptologist for 24 years, so there is a really good chance your Security Clearance will be suspended, if not revoked for a period of time. It doesn't really matter how "in demand" your MOS is, you displayed poor judgement.

Response by GySgt Kenneth Pepper made Feb 17 at 2023 12:55 PM

GySgt Kenneth Pepper — Fri, 17 Feb 2023 12:55:53 -0500

Did you go to court yet? If not, you should not be subject to administrative action for a DUI until you have been convicted by the local authorities. You never know, the court system might jack it up and you end up exonerated. Don't accept any type of punishment for an offense still not adjudicated without consulting with Legal.

Response by Lt Col Jim Coe made Feb 21 at 2023 11:57 AM

Lt Col Jim Coe — Tue, 21 Feb 2023 11:57:10 -0500

COL Randall C. gave great advice and included link to similar question on RP. My response there may be helpful. Here's the short version.

You have to deal with the DUI on several levels: civilian legal system, military legal and administrative system, personal. Prepare for all.
-Civilian legal. Get a lawyer that specializes in DUI; use your 5th Amendment Right to shut up!
-Military. Keep your chain of command informed of any civilian court dates, fines, sentences. Be prepared to undergo NJP or court martial. Seek advice of military defense counsel. Go to Behavorial health counseling. Depending on your commander's intent, you should start planning what you will do when forced out of the Service.
Personal: seek treatment for whatever underlying problems may have gotten you into a situation where very poor judgement allowed you to use a drug (alcohol) and operate a motor vehicle. If you are sent to Behavorial Health for counseling, say thank you and go to every appointment or group session. Be polite and contrite when communicating with your chain of command and medical personnel.

Response by LtCol Michael Kies made Feb 26 at 2023 7:59 PM

LtCol Michael Kies — Sun, 26 Feb 2023 19:59:19 -0500

Get the best DUI lawyer your money can buy. See if you can get this drastically reduced or possibly even dismissed by the judge (or a not guilty verdict at trial).

The command will likely wait to take action until the civilian legal process plays out. If the final disposition is a traffic violation, then you might dodge the bullet.

Also, if offered NJP, talk to military counsel first before accepting it.

Response by SPC James Cooke made Feb 27 at 2023 8:49 AM

SPC James Cooke — Mon, 27 Feb 2023 08:49:37 -0500

Depends on your command.

Had a Sergeant in my company get a DWI or DUI (can't remember which) off post. Virtually nothing was done. No rank reduction. No getting kicked out. Just brushed under the rug from the point of view of privates and Specialists.

Meanwhile, I had a private in my platoon face getting kicked out because he had a beer in his hand (under 21). We found out he was trying to de-escalate a situation by grabbing his buddy's drink. I think he got extra duty. Everyone in the company thought it was strange he had a beer in his possession.

Response by SFC Private RallyPoint Member made Feb 27 at 2023 2:40 PM

SFC Private RallyPoint Member — Mon, 27 Feb 2023 14:40:59 -0500

Well, first you should be flagged and then chapter paperwork following. Depending on your rank and higher command, you will be chaptered out. UcMJ can't happen due to double jeopardy. However. Keep your chain of command informed of everything.

Your best way is to get the DUI reduced to wreckers driving and then your in the clear.

Good luck

Response by PFC Rick Shuffler made Feb 27 at 2023 3:39 PM

PFC Rick Shuffler — Mon, 27 Feb 2023 15:39:36 -0500

Some CO's will come down harder than others. If you are in a sensitive field requiring a clearance, then you will lose that clearance and may have to find another MOS, if your CO allows it at all. Some specialties such as MP, MI, and other sensitive areas will have a dimmer view than others. Another factor will be how favorably your command looks upon you. Are you a good soldier? Do you do a good job? Have you had any disciplinary action taken against you in the past? All that will factor into the decision that is made. Good luck, soldier.

Response by 1LT Private RallyPoint Member made Feb 27 at 2023 5:21 PM

1LT Private RallyPoint Member — Mon, 27 Feb 2023 17:21:58 -0500

SGT Wyatt

Just providing you with some feedback regarding your security clearance. Its good to get ahead now. Especially since everyone in Army has a Secret now. I highly encourage you to report to your S2 to ask them to indicate a self-report ASAP. Your CDR will need to recommend in-house access suspension with a 5148R. (Yes, you can still retain your access with the discretion of your CDR until DOD revokes your eligibility)

From my experience and depending on your case, you may or may not lose your security clearance eligibility. The key is to self-report immediately. The three DUI NCO I had retained their security clearance eligibility after self-reporting after adjudication.

I recommend you look into getting the following documents ready and some to keep in mind

1, 5248R Initial
2, Counseling Statement
3, ASAP Certificate
4, Recommendation Letter from CDR
5, Court Documents
6, Receipts for Court fees
7, Court Disposition
8, Personal Statement in memo format

I also want to add. If the charges are dropped or dismissed, still self-report. Whether it is 2 months or 2 years down the road, DODCAS always seems to get a CVR alert regardless of the court outcome. Don't wait until your S2 contacts you. It's much easier to put out the fire when the tinder starts.

Best of luck SGT. Let me know if you have any questions.

Response by MSgt J D McKee made Feb 28 at 2023 6:57 PM

MSgt J D McKee — Tue, 28 Feb 2023 18:57:44 -0500

Charges in the civilian court are the easiest to attack, by the time the military gets hold of your ass, you are already guilty or innocent, or perhaps guilty of a lesser offense if you are lucky.

When it goes to civilian court, be sure your attorney (if you don't use one, you are a fool) points out the additional career damage, fines, etc you will face from the military. Work out how much you will lose if you lose a stripe, over the course of your career, and including if you retire with one less stripe and manage to live until your 80's, how much the conviction will cost you total over the course of your life. The answer may amaze you.

Include the special job you do insofar as you can, and the fact you will lose your clearance. If you can, come up with the cost to the USG to train your replacement. If you have ever been in a position to be shot at or got any "no shit" medals, make sure that comes up.

If possible, send your attorney to talk to the DA's office prior to going to trial. They decide if and what level you get charged, not the cops. Sometimes they might take an instant, no problems win over the possibility of a long, hard fought (because so much is at stake) case where they are prosecuting a military member. In a JURY trial.

They might not care and might take the attitude "you knew that before you did it", but they might take it into account. What I mean is, see if you can get a plea bargain to reckless driving (unlikely) or some lesser offense.

Also, if it has to go to trial, demand a JURY trial, and have your attorney ask "Do you think it is fair for military members to pay a higher price than civilians for the same offense?" during the jury selection process. You have to put that thought in their mind at every chance. Say "sir" and "Ma'am" at every opportunity, also, to everyone, even if you hate them. Wear your uniform if you can.

Show up to court. Sometimes, cops don't, and if they don't, your attorney can ask for a dismissal just because you are there, and the witnesses against you are not. This works. Many times people representing themselves let this golden opportunity slide.

Source: 6 years post retirement from the USAF as a Deputy Sheriff. Led my department in DUI arrests the last year I worked. This is because I worked the night shift right across the river from Huntsville, AL, a notorious den of sin and iniquity, not because I was trying. My average DUI driver was ditch to ditch on a 4 lane road, not just a little over, because they would be ATM machines for strippers for hours and go home frustrated and drunk.

I also took several military personnel (and 1 RN) home rather than charging them because I knew the additional cost to them, and did not think it fair. The RN worked in a major ER and faced losing her nursing license, the military, you know.

I still don't think it's fair, particularly as probably most of those sitting in judgement have done precisely the same thing on multiple occasions and were just lucky.

Since i have lived in a glass house before, I choose not to throw stones. I used to throw charges, but I liked that job so much I quit.

Response by SFC Private RallyPoint Member made Mar 1 at 2023 12:56 AM

SFC Private RallyPoint Member — Wed, 01 Mar 2023 00:56:21 -0500

Response by SSG Douglas Shaffer made Mar 1 at 2023 2:02 PM

SSG Douglas Shaffer — Wed, 01 Mar 2023 14:02:48 -0500

It's all going to rest on your command, if your act is all together when you're at your unit meaning you're not a screw-up and your work performance is above standards, then you may have a chance. We had one of our NCO get a DUI on TDY while in another country, his work and performance was above standards. The command said if he can settle this on his own, they will just look the other way. It cost him a lot of money to handle it and his leave time for him to travel back and forth, the lawyer managed to get to just pay fines and no jail time. So yes, he managed to settle this without interference to his work. The command didn't say a thing after that.

Response by PO3 Paul Roth made Mar 1 at 2023 3:27 PM

PO3 Paul Roth — Wed, 01 Mar 2023 15:27:02 -0500

Say good bye to your clearance. What state is this in. Is this your first? Washington will take your Dwi down to a Negligent driving for the first and probation for a year with a good fine and treatment. That way it don’t effect your clearance. I would be straight up and call my COC to let them know.

Response by SGT Jodi WittBailey made Mar 2 at 2023 8:26 AM

SGT Jodi WittBailey — Thu, 02 Mar 2023 08:26:04 -0500

Your security clearance may be at risk. "What disqualifies military security clearance?
You were dishonorably discharged from the military. You are currently involved in illegal drug use. You have been judged as mentally incompetent or mentally incapacitated by a mental health professional. You have had a clearance revoked for security reasons."
https://www.northropgrumman.com › ...
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Response by SGT Private RallyPoint Member made Mar 3 at 2023 5:59 PM

SGT Private RallyPoint Member — Fri, 03 Mar 2023 17:59:04 -0500

Your leadership is great for letting you finish leave. However, you’ll receive a gomar, they are going to take your own base drivinn privileges and put you in sudcc

Response by SFC Carlos Cruz made Mar 4 at 2023 9:31 AM

SFC Carlos Cruz — Sat, 04 Mar 2023 09:31:34 -0500

It should not end your career yet it can be a promotion issue for you. The main thing is accept what you did wrong and let him know to clear the road for your punishment. One thing I always told my soldiers was be honest and we can workout the issue, be disrespectful and you will be punished to the fullest. This is my input to your question.

Response by CPT Larry Hudson made Mar 5 at 2023 8:25 AM

CPT Larry Hudson — Sun, 05 Mar 2023 08:25:05 -0500

As a company commander, i took DUI's seriously after i had to conduct memorial services for two troopers who took their heads off hitting a tractor trailor after leaving a bar. You have demonstrated poor judgement electing to drive while drunk. Others were placed in danger whether riding with you or innocent by standers. Subsequently, that reflects on your ability to live a disciplined example to your fellow soldiers, decisions, actions.
I had a cook who was in advanced convulsive stage of drinking. I processed him out of service, to old soldiers home. He was a detriment to service. When i had to address drinking problems it usually recommending article 15, reduction in rank and addutional dutiies as assigned by 1sr sergeant.

Response by SGT Christopher Sigafoos made Mar 5 at 2023 11:06 PM

SGT Christopher Sigafoos — Sun, 05 Mar 2023 23:06:47 -0500

Likely some UCMJ as well as having to do some ASAP (Alchohol and Substance Abuse Program) time.

Response by MSG Bob S made Mar 6 at 2023 8:54 AM

MSG Bob S — Mon, 06 Mar 2023 08:54:01 -0500

Whether or not this is a career ender depends upon your command and how they view you as a soldier. I would say that it’s all but certain your clearance will be revoked, and I would start looking at MOS’ that don’t require a clearance if you would like to make the Army a career. Coming from someone that got busted from SGT to SPC in 1995 because I could keep my f’ing mouth shut, and went on to have a tremendous Army career, this is survivable, so don’t lose hope!

Response by CPL Thomas Halpin made Mar 6 at 2023 10:08 AM

CPL Thomas Halpin — Mon, 06 Mar 2023 10:08:11 -0500

Just checking to see how it went for you. If everything went well, you’re probably a PFC. if you love the military, you can stick it out drinking is never a good option for a soldier. I know it’s the culture but the culture needs to change. you can recover from this. Your time and grade will never change.

Response by SFC Private RallyPoint Member made Mar 6 at 2023 12:52 PM

SFC Private RallyPoint Member — Mon, 06 Mar 2023 12:52:40 -0500

I'm not going to touch all the NJP(could happen, will happen, might happen, should happen) that's going to be up to your CO. The one thing you are required to do is go see your Security manager (G2/S2) and report the incident to them. The process for your security clearance and NJP are different and if your clearance (not to be confused with access) is revoked will be determined by the DCSA CAS. I get messages every week on covered individuals who try to hide and not report their conduct. GO TALK TO YOU SECURITY MANAGER.

Response by SGT Joseph Dutton made Mar 7 at 2023 7:24 PM

SGT Joseph Dutton — Tue, 07 Mar 2023 19:24:42 -0500

It probably won't end your career. But could be reclassified and lose your high security clearance and be reassigned to another unit. I would get a lawyer to represent you in court if you can't be there for court proceedings. More than likely you would be fined and maybe have probation time and or both. Best of luck to you.

Response by SGT(P) Jody Hall made Mar 7 at 2023 7:52 PM

SGT(P) Jody Hall — Tue, 07 Mar 2023 19:52:06 -0500

So... this is going to sound horrible......
SGT John Wyatt

I have worked a lot in mental health. I was the "pecker checker" for a long time in the Army.

Is it ok to drink, get drunk, smoke pot. I say sure have at it. All in all the Libertarian side of me, anti Army part of me wants to side with you.

The problem is, I was in the army, an aviator, a combat engineer. A paratrooper.

I started having a drinking problem when in the AA (1/17 air cav).

I asked for help. No DUI whatever.

I was hurt badly years and years later I was starting to become addicted to opiates while recovering. I asked for help.

I left the Army 50% disabled. I never one time got brought up on charges.
I was sober anytime life or duty required it.

You could have killed an innocent person the night of your DUI,"It was not the first time you drove intoxicated, but the one you were caught.

I hope they throw you out of the Army on a chapter discharge. No need for taking your benefits.
Yes take your rank, UCMJ, all must follow.

I hope you are out of the Army as fast as possible. I or no one else can trust you now. If you are not trustworthy, there is no place for you in the military, aviation or medical professions for sure.

Oh ya BTW. I got hit by a drunk driver once, and also a drunk driver drove through the living room of my home.

While I don't hate you. I hope what they do to you teaches you to never touch a drop ever again.

Thank you for your service, get out of my military. Hopefully with a general discharge or a medical.

The fact you are a SGt and did not ask for help, that is embarrassing. I am glad they will tak your rank, you betrayed the NCOs. You could have just asked for help.

Response by MAJ Private RallyPoint Member made Mar 8 at 2023 2:20 PM

MAJ Private RallyPoint Member — Wed, 08 Mar 2023 14:20:17 -0500

I agree with the COL, and parts some of the other remarks. GOMOR could definitely be on the horizon, but again it depends on the CoC. Your security clearance will be suspended pending a relook and outcome of the charges. ASAP will be most likely automatic. Don't get down on yourself and keep your head up.

Response by SPC Randy Rodriguez made Mar 9 at 2023 3:30 PM

SPC Randy Rodriguez — Thu, 09 Mar 2023 15:30:29 -0500

Find a Good Lawyer, it will make all the difference in the world. dont hire the cheapest one.

Response by MSgt Earl King made Mar 11 at 2023 1:16 PM

MSgt Earl King — Sat, 11 Mar 2023 13:16:50 -0500

Something similar happened to me as a Sgt, Command SgtMaj told me I best get out of it and correct the situation, and I did. What I learned was a precious life lesson. Don't drink and drive, there is really no reason to do such a stupid thing!

Response by SFC Jerald Bottcher made Mar 30 at 2023 11:10 PM

SFC Jerald Bottcher — Thu, 30 Mar 2023 23:10:49 -0400

Sorry to say this, but you will be getting a Field Grade Article 15. You will most likely lose rank and pay. I remember back in the day (1980's) you could get a suspended bust. Those days are over a long time ago. Your only hope is to get a good defense attorney and try to get the charges reduced to anything. However. the BAC test that was done by the sheriff is admissible in the military system. So even if you get the charge reduced it is not a get out of trouble card. If you have been a "super Soldier" you "may" recover. You will not see E-7.
A former commander I had when asked about a soldier being brought up for a drug / DUI offence. If someone in the chain of command were to say. Sgt Smith is a good soldier. He would respond - Good Soldiers do not do drugs or get DUI's and then max the soldier out.
Whenever I went out drinking we had a designated driver. or if not everyone I knew had a $20 bill folded up hidden in our wallets to use to get a cab. I NEVER, EVER GOT A DUI. There are no excuses.

Response by TSgt Robert Wayne made Apr 14 at 2023 7:23 PM

TSgt Robert Wayne — Fri, 14 Apr 2023 19:23:48 -0400

Generally if your job is to drive a vehicle like a tank or a fire truck, and your license gets suspended, you cannot perform your job so you very well could be put out of the military or transferred to a position that does not require you to drive.

Response by CWO4 Carter Owens made Apr 19 at 2023 8:31 AM

CWO4 Carter Owens — Wed, 19 Apr 2023 08:31:11 -0400

Well...... you'll either be processed for discharge or you'll not be processed and be screwed for about Two to Five years or longer and not be advanced for Promotion or you'll get busted down to E-4 or less and banished to Latrine Detail.

Response by PVT Jose Espitia made Apr 25 at 2023 12:25 PM

PVT Jose Espitia — Tue, 25 Apr 2023 12:25:18 -0400

I know someone that has a comparable situation and isn't sure if it will end his military career either. However, he has taken the initiative and put himself into an in-patient treatment program at the VA hospital. He hopes that might have an impact on whatever decision may follow.

Response by LCDR Nick Peterson made May 5 at 2023 10:32 AM

LCDR Nick Peterson — Fri, 05 May 2023 10:32:49 -0400

Just curious - what was the outcome? Good Luck!

Response by Maj A. Clark made May 5 at 2023 5:11 PM

Maj A. Clark — Fri, 05 May 2023 17:11:11 -0400

The military is not your only problem. The civil justice system is much more hazardous.
Hopefully you did not plead guilty already. Or make incriminating statements. You need to hire an attorney immediately. Do not talk yourself out of it because of the cost....... A DWI can screw up your life for decades....... There is a chance that you can have the charge reduced, particularly if the DA and or Judge thinks that the military will be slamming you. Unless you end up with an anti-military-woke judge. That would not be so great.

Response by SN Russell Helberg made May 6 at 2023 12:53 PM

SN Russell Helberg — Sat, 06 May 2023 12:53:30 -0400

better find a JAG thats versed in that part of the law. remember the uniform code of military justice has you guilty until proven innocent===

Response by MSG Clay Jensen made May 10 at 2023 1:56 AM

MSG Clay Jensen — Wed, 10 May 2023 01:56:30 -0400

I got one in an NCO course (BNCOC) and it didn’t show up on the blotter since I was out of town when it happened. “The Army” wasn’t notified. I got prescribed “quarters” on my court date. Went to sick call at 6 and to court at 10. I made E-8 in under 12 years because I didn’t snitch on myself. It’s a risk that can be a killer, but I took it. And it worked.

Response by MSG Clay Jensen made May 10 at 2023 1:59 AM

MSG Clay Jensen — Wed, 10 May 2023 01:59:54 -0400

What rank are you? That makes a difference career wise. I’m a former SIGINTer and know how INSCOM units are.

Response by SSG Patrick O'Flaherty made May 10 at 2023 7:57 PM

SSG Patrick O'Flaherty — Wed, 10 May 2023 19:57:58 -0400

I hate to be flip here but maybe you could get a lawyer to present your case and explain that because of senior army leadership (like Milley) getting troops mindlessly murdered and abandoning two air bases while at the same time arming an Islamic country with our best weapons has depressed you terribly. That's the reason you were drinking.
Furthermore, you hope army leadership can improve because you want to stay in the Army.

Response by SGT Patrick Sullivan made May 11 at 2023 1:16 AM

SGT Patrick Sullivan — Thu, 11 May 2023 01:16:52 -0400

Have you ever heard of "Double Jeopardy" ?
You will face both...Civilian and UCMJ punishment.
Because military is held to a higher standard.
Get the best lawyer you can get.

(If you're an NCO in an "over strength" MOS....you are "Toast" !!

Response by SSG Eric Blue made May 11 at 2023 10:59 AM

SSG Eric Blue — Thu, 11 May 2023 10:59:30 -0400

Being a junior NCO, you will still be punished. But the penalty may not be as harsh as if you were a staff sergeant or senior. Depending on your MOS, chain of command, NCO support channel, unit operational tempo, and the needs of the Army, you could be facing the end of your career. For instance, you may end up losing your security clearance and THAT can end your career if it's absolutely required for you to have one...such as in an S-2 shop. I'll keep it at that for now.

Response by Sgt Dan Sawyer made May 12 at 2023 7:43 AM

Sgt Dan Sawyer — Fri, 12 May 2023 07:43:26 -0400

Sorry to hear of this. On base or off base, can make a difference. Get a lawyer and promise to go to alcohol out-patient counseling to keep your job. Do what you have to do to get an Honorable discharge down the road.

Response by CPL Louie Stanfield made May 12 at 2023 2:27 PM

CPL Louie Stanfield — Fri, 12 May 2023 14:27:32 -0400

Justice

Response by LTC Reginald Brown made May 13 at 2023 12:04 AM

LTC Reginald Brown — Sat, 13 May 2023 00:04:33 -0400

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.

Response by SSG Patrick O'Flaherty made May 13 at 2023 10:18 AM

SSG Patrick O'Flaherty — Sat, 13 May 2023 10:18:34 -0400

Seems like my comment is erased.
So here it is again.
Tell your command because of General Milley's disgraceful decisions on Afghanistan your morale has taken a beating and you don't understand how 13 service members were murdered under his command.

Response by SPC Clint Chapman made May 15 at 2023 7:55 AM

SPC Clint Chapman — Mon, 15 May 2023 07:55:28 -0400

Go ahead and get out. Your life will be better!

Response by PO2 Private RallyPoint Member made May 21 at 2023 11:28 AM

PO2 Private RallyPoint Member — Sun, 21 May 2023 11:28:33 -0400

That really depends. I found myself in the same situation about ten years ago. I knew it would end my career, so I never reported it. I figured if I reported it, I’d get kicked out. If I don’t report it and get caught, I’ll still get kicked out. So I decided not to report it. Took care of all of my court and classes on my own time. When it came time to renew my security clearance, I ran into a few issues but not as bad as reporting my duo Initially. Getting that DUI was a news flash for me. Afterward, I went to school. I earned my degree, got commissioned, and now I mentor sailors.

Response by SN Russell Helberg made May 21 at 2023 5:00 PM

SN Russell Helberg — Sun, 21 May 2023 17:00:18 -0400

dont quit your day job-- when you have a c.d.l. drivers permit and get a moving violation it goes double on your permit because you are expected to know better, should have taken a cab

Response by CPO Kurt Baschab made Jul 22 at 2023 1:06 PM

CPO Kurt Baschab — Sat, 22 Jul 2023 13:06:49 -0400

well, the very 1st thing you should do is hire a defense Lawyer that has a outstanding reputation in winning DUI cases, if you are able to beat the charges , that can change everything.no DUI Charges no alcohol incident

2nd point To Many service member for get this , we are on duty 24-7 yes this includes when your on leave, we can be called back to work for any reason , on a moment notice, so you should always be ready to answer the call.

I can never say this enough, if you are going out for dinner with the wife, girlfriend, Friends or family, do not even take the risk of drinking alcohol, do not even have one drink, the law enforcement officer will not believe you had just one drink, so just do not drink.

I do not care if you only had two adult beverages, and waited two hours, before driving home after your last drink.
All adult Beverages are not made Equally , so call a cab, uber, friend or family member to take you home, arrange for a designated driver otherwise you will have no military career .

3rd , point, I have been ret now for close to 10 years, thinking back to when I was on Active duty, it was one and done, that is why I recommend never every drinking and driving,
but that was ten years ago, I have been hearing on the news the service is having a very hard time in meeting there recruitment Goals.

this might work in your favor, if you have a clean service record, and this is your 1st major offense , the service just might overlook your situation if you agree to take some Alcohol rehabilitation class . if you are Lucky enough for this to happen do not blow your 2nd chance, also remember sometime in the future when things get fat for the service , they may tell you to retire early, even though you wanted to stay past 20 years, I have seen this happen, if this does happen to you, just be thankful the service let you stay for your 20, just remember they could have sent you home a long time ago.

one more thing, just Remember the Military service is no different than any other Corporation or Big Business, so ensure everything is documented in your service record and medical record, if it not in your service record or medical record, it never happen and the VA will not treat you for this condition or rate disability for your injuries if they are not documented. so ensure everything is up to date and correct in your Medical & service record .

the Military Service & VA will always put the Needs of the Service above yours , if the Service can find a way for Military service and your needs both to be meet, Great! if the needs of the service, and your needs do not meet the service needs they will screw you unless you have it documented

in the commands mind the Military Service always comes 1st . as a employee this should be your mindset also, if you want to ensure you are put 1st by ensuring you are indispensable ,& everything is documented it is that simple if it not documented it never happen. do not get me wrong, if you are Luckily enough to have a good command that can find a way to meet your needs along with the services needs be thankful,

the Goal of any employee is to make him or herself Indispensable to the Service or Company they work for. getting a DUI IS NOT THE WAY TO MAKE YOURSELF INDISPENSABLE, so if Lucky enough to be given a 2nd chance, do not blow it, use it to educate other

Response by SPC Steven Nihipali made Jul 23 at 2023 1:31 PM

SPC Steven Nihipali — Sun, 23 Jul 2023 13:31:48 -0400

Being frank like I usually am in these kinds of questions...

Here's my lashing: how fucking stupid are you?
Seriously...r u 5 and need me u hold your fucking hand? With all these shitbags in the your unit, your couldn't ask a single one to drive or call a cab that's free or even pay the uber? You cheap sake pos... yes, you're PSG is going to fuck your life up... ending your career, maybe, after this, you might wish your mother swallowed you.

Reality? No you'll be fine. Pay the fine, sign anything that will declare you'll for the next while, a designated driver or will be for the commander. Volunteer for a defensive driving course, etc...

But here's what you're going to do: don't drink, simple as that. I survived 7 years and never once did a bottle or drip ever cross my lips... still don't nor will I. Simple as that

Response by MAJ Private RallyPoint Member made Jul 24 at 2023 3:39 PM

MAJ Private RallyPoint Member — Mon, 24 Jul 2023 15:39:17 -0400

During my tenure in the USARMY especially when I was in Command, DUIs were out of the hands of the Commanders. (Company, BN and Brigade) DUIs were adjudicated at the installation level; yes that means the two-star level; however; the Soldiers Chain of Command has influence in the decision. I would expect a reduction to PFC via a Field Grade AR-15 with Extra Duty and Restriction. Is this the end??? Possibly depends on several factors; Is this the only time you ever been in trouble? even so, I would still expect the AR15 but the severity may be minimized. ALL of us nearly every weekend or holiday receive a Safety Briefing, you probably heard it or even given it a thousand times and YOU KNOW this is a big f-up on your part. The Army used to also have what is called a QMP. Quality Management Point (ie) You must make E-4 by the 6th Year, E-5 buy the 8th, E-6 by the tenth etc...these points change based on the needs of the Army...point I am getting at is if you have been in for a significant time and are reduced by two grades...this can result in a bar to re-enlistment b/c as a result of the AR15 you now fall behind the QMP. Junior Enlisted and even Jr Officers may be able to survive it, but it will still be painful and that is based on the installation policies and procedures. If you truly want to stay in then let your Commanders know that you are truly remorseful and will do whatever it takes to be a good soldier. This may mean take your punishment like a trooper, don't bitch or complain about it, be where you need to be, when you need to be there, PT, Appts, Formations, training, extra duty and any civilian court obligations if there are any. I see that this post is 5 months old...I really would like to hear the outcome. Does anyone know?

Response by MAJ Private RallyPoint Member made Jul 24 at 2023 3:53 PM

MAJ Private RallyPoint Member — Mon, 24 Jul 2023 15:53:19 -0400

[@SGT John Wyatt] What was the outcome?