I messed up and got a dwi after reporting to my first unit here at ft Polk. What's the likely outcome?

PFC Private RallyPoint Member — Sat, 28 Aug 2021 12:26:09 -0400

I am currently in processing. My first weekend out I end up with dwi. A SFC from my units OPS platoon picked me up and told me I have an uphill battle with this one and that I'm lucky the command team just switched out. I'm super nervous about finish inprocessing and going down to the unit and meeting people after they know me as the new dwi guy . Any advice on how I can proceed to try and get back on track?

Response by MAJ Private RallyPoint Member made Aug 28 at 2021 12:35 PM

MAJ Private RallyPoint Member — Sat, 28 Aug 2021 12:35:30 -0400

Most likely you’re done before you even started. DWI is very serious now in the army.

Response by CPT Enrique M. made Aug 28 at 2021 12:47 PM

CPT Enrique M. — Sat, 28 Aug 2021 12:47:00 -0400

PFC Private RallyPoint Member Although you have been issued an DWI, you must know that you still have some rights first. I highly suggest if you have the finances to hire an attorney to help you get out of the DWI or put you in a more favorable situation. Remember a DWI has other impacts outside of the military as well. So its in your best interest to take care of this regardless if you are guilty or not guilty of the DWI. PLEASE do not put your side of the story on what happened and what led you to the DWI or admit guilt on a public forum. This should be addressed with your attorney.

As far as your question. I would just be the most outstanding soldier you can be. All you can do at this point is follow process and do what your command tells you to do. As far as being the "new guy with a DWI" ignore those soldiers and deflect any direct questioning, and as I mentioned before do not talk or address the subject.

Either way can't sugar coat it either. But you have a real uphill battle especially in today's Army. most soldiers don't stay in the Army after a DWI especially if found guilty at the court of law.

Response by SFC Private RallyPoint Member made Aug 28 at 2021 12:53 PM

SFC Private RallyPoint Member — Sat, 28 Aug 2021 12:53:27 -0400

Well, expect your new nickname to by Shyt Byrd for a while. It's all on the command. Some commands have a zero tolerance policy and will separate anyone with a DWI immediately, even before your court date. Others believe that junior Soldiers deserve a second chance. You'll need to be the very best at everything to show your command that you're worth keeping.

Expect that if you aren't separated, this will affect your clearance, and you may lose your clearance and spend the rest of your contract as an 88M. That's not an exaggeration either.
Good luck.

Response by CPT Private RallyPoint Member made Aug 28 at 2021 1:02 PM

CPT Private RallyPoint Member — Sat, 28 Aug 2021 13:02:37 -0400

Your biggest saving grace is you are "currently" only a PFC and brand new to the army.

As mentioned, fight the DWI and do whatever you can do legally to prevent it from becoming a conviction. That will take the "teeth" out of negative administrative actions against you. But you are a PFC, and F'd up so everything surrounding that and what your chain of command can do with you is going to suck. They are going to protect themselves administratively from your risky actions (by way of counseling statements and actions that clearly divest themselves if you get out of line).

When I was a SGT down range, the SSG that was going to be sent to replace me got a DWI. Last time I saw him he was a SFC. He fought the long hard legal process and managed to wiggle out of it.

If you sit back and hope for the best without doing anything (getting legal help, getting substance abuse help) you are going to get plowed right over by the system designed to flush out substance abuse offenders.

Response by MSgt Mark Bucher made Aug 28 at 2021 1:34 PM

MSgt Mark Bucher — Sat, 28 Aug 2021 13:34:31 -0400

Don’t unpack…. At a minimum, loss of a stripe, extra duty, restricted to base

Response by Lt Col Jim Coe made Aug 28 at 2021 2:35 PM

Lt Col Jim Coe — Sat, 28 Aug 2021 14:35:30 -0400

PFC Private RallyPoint Member, you're lucky you're junior enlisted. Your leadership should expect lesser experienced Soldiers to make stupid mistakes. You did. That's not to say you aren't in a deep pile of trouble. Here's my thoughts.

Military
-Let your chain of command know what happened immediately--looks like you might have done that
-Your chain of command may want you to see Behavioral Health for counseling--do it
-You may be required to attend substance abuse classes--don't complain
-You might be offered non-judicial punishment under UCMJ Article 15--consult a JAG defense counsel
-If you have a security clearance, it may be at risk--you might have to retrain to a different MOS
-Hopefully you won't be processed for discharge, but it could happen

Civilian
-You will probably have one or more court dates--advise your leadership as soon as you know dates/times and do not fail to show up--judges don't have a sense of humor
-You may lose your driver's license, be fined, or even have to do jail time--hope for a merciful judge
-You should hire a civilian lawyer who specializes in DWIs

At this point, be respectful of authority and contrite about your error. Your Army career may survive.

Response by MSgt John Taylor made Aug 28 at 2021 3:44 PM

MSgt John Taylor — Sat, 28 Aug 2021 15:44:15 -0400

Think of the guy/gal on the other side of the desk. They have to wonder if you're worth an additional breath or an iota of effort to save and keep. Ask them if there's a way to put it in the past, and what efforts are needed to get back on track. Accept that you screwed up and are willing to pay the price, that should be a good start.

Response by SFC Private RallyPoint Member made Aug 28 at 2021 3:44 PM

SFC Private RallyPoint Member — Sat, 28 Aug 2021 15:44:47 -0400

Mannnn, what's up with all these Signal's Intelligence Analysts getting DUI's lately? It's almost like this is the same exact guy from last week with the unverified account. Hmmmm, strange......

Response by SSgt James Atkinson made Aug 28 at 2021 4:23 PM

SSgt James Atkinson — Sat, 28 Aug 2021 16:23:49 -0400

Dustin, It is extremely unwise to do anything or say anything to anybody until you first speak face-to-face with a JAG who is "your JAG" in that he or she is your attorney and not the government's attorney. Basically, I am telling you to shut up and stop talking with anybody about any of it, except to talk to your JAG attorney, seriously, shut up, and do not say anything about this in any online forum or group, and certainly do not start texting about this. Once you are in your unit, there is a six month period of time when you first get there, that you can not step out of line during or you risk prison time (if your luck) or a punitive discharge from the military (if you are a big mouth and you talk about this). When you get to dance for your commander, state clearly that you wish to remain silent and request a JAG attorney be appointed to represent you, but if you wish to save your ass, you will get ahold of the JAG office immediately and ask for a confidential consultation, and at the very beginning of the JAG discussion, you MUST ask if there is attorney-client confidentiality. If you just start blabbing to the random JAG who talks to you, they may well end up talking to the same JAG that will put you in prison, so ensure that whomever you speak to (face-to-face) is going to keep your secrets.

Also, immediately (as is right now) call the on-base crisis line and ask for an appointment to see a CHAPLAIN, and get to their office (the Chaplains) TODAY so your visit on "on paper" and there will be an effort on their part to try to mitigate what you did.

If this drinking incident took place after the 13 deaths in Kabul, there is a probability that the DWI incident was a result of your being stressed and distraught about needless deaths, etc. I am not saying that this is an excuse for what you did, but it may provide an understanding as to motivation. Due to the bombing in Kabul, all of the veteran crisis lines are being flooded nationwide with veterans who have never called before who are at their wits-end at being betrayed by our Commander in Chief (hence, the bombing in Kabul and other places). If your misconduct was not the result of the bombing last week (which you will understandably may feel distraught about) then it will boil down to a lack of discipline and lack of maturity, and the military will gladly cure you of both of these with an Article 15, and probably a little prison time.

You can be proactive by getting to the on-base emergency medical room/department and tall them that you have a drinking problem due to (fill in the blank) and ask to immediately be placed into a treatment program as you are profoundly ashamed of your conduct and feel that a drunk driving incident is a failed attempt to self-harm. Basically, your drunk driving was a suicide attempt, nothing less, and the motivation was likely just a lack of maturity, which your First Sargent will need to discuss with you in private, and you can expect the discussion to be memorable.

Do not plead to anything and say nothing to anybody other than a Chaplain, Physician, or JAG officer Also, invoke your right to remain silent, and actually REMAIN SILENT until your JAG attorney works on the matter. When you are in the emergency room, speak only to a Medical Doctor, and seek to speak to and be evaluated by a Military Psychiatrist about this situation and your motivation for what you did. Do not speak to a drug and alcohol "Nurse", Nurse Practitioner, or "Counselor" but rather to an M.D. who is also a psychiatrist.

You may well have just had your last weekend in the military, or you may have the beginnings of a solid military career.

But, shut up, right now and only speak to the three specialty people that I described above.

The rank you have will likely mitigate the punishment you earn, but there is a risk that you will get a shitty discharge.

Response by Sgt Private RallyPoint Member made Aug 28 at 2021 4:52 PM

Sgt Private RallyPoint Member — Sat, 28 Aug 2021 16:52:10 -0400

We all make mistakes. You made a big mistake. Learn from your mistakes and do not make the same mistake twice.

Response by MSG Private RallyPoint Member made Aug 28 at 2021 6:30 PM

MSG Private RallyPoint Member — Sat, 28 Aug 2021 18:30:42 -0400

Well, PFC Shit Byrd, expect to get an Article 15. What level, that will depend on the policy of your Command(s). I would not recommend you get too comfortable in your new surroundings just yet.

Response by SFC Kelly Fuerhoff made Aug 28 at 2021 8:18 PM

SFC Kelly Fuerhoff — Sat, 28 Aug 2021 20:18:27 -0400

Yet another DWI/DUI post...and you are a 35 series? Oh you're gonna be really lucky if you don't lose your clearance over this. Your access should have been suspended already though, if not, it will be once you process your S2. So you won't be able to really do your job until this is all taken care of and definitely won't be able to be read on to SCI if you need it to do your job.

If you are allowed to stay in but you lose your TS clearance and SCI eligibility you will get reclassed. There's no question about that.

I really hope you learned a lesson from this poor CHOICE (not a mistake, a choice).

Response by SGT Private RallyPoint Member made Aug 28 at 2021 9:08 PM

SGT Private RallyPoint Member — Sat, 28 Aug 2021 21:08:59 -0400

Asking someone who lost a brother his senior year of high school and 3 other members of the family on Mother's Day to drunk driver is not a good idea. I hope the military kicks your deadbeat butt out and you end up in jail. If that doesn't happen you are not going to learn a lesson from this serious F- up and another DWI or more will be in your future until you hurt or kill someone then its serious prison time.

Response by SSgt Thomas A Tullis Jr made Aug 29 at 2021 11:08 AM

SSgt Thomas A Tullis Jr — Sun, 29 Aug 2021 11:08:34 -0400

As stated "shut your mouth". Hire a lawyer, discuss this issue with NO ONE but the LAWYER!. Quit being a dumb ass and WAKE THE FUCK UP! Soldier up!

Response by MSgt Steven Holt, NRP, CCEMT-P made Aug 29 at 2021 1:40 PM

MSgt Steven Holt, NRP, CCEMT-P — Sun, 29 Aug 2021 13:40:20 -0400

First and foremost, DO NOT POST ANY MORE DETAILS ON SOCIAL MEDIA!! Don't talk to your friends about the incident as well. Any statement you make (verbal and written) WILL be used as evidence in any legal actions. Second, hire a REPUTABLE attorney sooner rather than later! Find one that specializes in criminal and/or DUI/DWI cases. Follow their advice to the letter!

Now....I'm going to operate under the assumption for a few minutes here that you really were impaired while operating a motor vehicle.... Be thankful you didn't injure yourself or another innocent person with your poor decision. Use this as a valuable learning opportunity and NEVER allow it to occur again. I would also recommend a good substance abuse prevention program. As you gain experience in Life, you'll come to realize (as I did) excessive alcohol use is not required to have good times. One or two drinks isn't a big deal but drinking to intoxication can have serious repercussions. Assuming your attorney is ok with the idea, seeking a SAP proactively might show to your command your willingness to take ownership of the problem and help ensure it was a "one time mistake".

As for your Command, I honestly don't know what approach they will take. Some Commanders will look at a young troop just starting out and look at the potential for rehabilitation; others will take a "zero tolerance" and initiate discharge/chapter actions. Hopefully, yours will be the former. Assuming the charges stick, in addition to whatever punishment the civilian court imposes, expect at least an A15 with loss of rank/pay. Worst case is discharge from the service.

Everyone has that one "stupid incident" in their past. Let this one be yours and don't make it a habit.

Response by SSgt Christophe Murphy made Aug 30 at 2021 1:50 AM

SSgt Christophe Murphy — Mon, 30 Aug 2021 01:50:03 -0400

Expect some non judicial punishment of some kind. That depends on the leadership and the specifics of the incident. Expect being on the shot list for a bit and you will have eyes watching to see if you excel and rebound or fulfill the prophecy of being a turd.

Keep your head down, man up to the mistake and keep your nose clean while trying to stay as positive as you can.

Response by MSG Private RallyPoint Member made Sep 10 at 2021 7:35 AM

MSG Private RallyPoint Member — Fri, 10 Sep 2021 07:35:34 -0400

So...it's been almost 2 weeks. What repercussions did you get?

Response by SGT Joseph Dutton made Oct 28 at 2021 9:57 PM

SGT Joseph Dutton — Thu, 28 Oct 2021 21:57:40 -0400

This was a double response of the above response.

Response by SGT Joseph Dutton made Oct 28 at 2021 10:28 PM

SGT Joseph Dutton — Thu, 28 Oct 2021 22:28:50 -0400

First of all take responsibility when going on a night in town. Like take the city transit (BUS), Taxi or Designated Driver. Did you miss any duty days and if so you will end up with UCMJ charges. If not then it is a crap shoot what the command will and will not do depending on the local civilian courts out come. Since you are a Junior Enlistee most likely your career path will not be in jeopardy. However if it is a occurring habit then your career path can be over very quickly. Drive responsibly & Drink responsibly.

Response by SGT Private RallyPoint Member made Oct 29 at 2021 12:13 PM

SGT Private RallyPoint Member — Fri, 29 Oct 2021 12:13:06 -0400

Look Mate, Im gonna follow up with the majority. point blank and plain. You Fucked up. there is no getting around it. Just hope your command is somewhat forgiving. Most Civilian State level laws are zero tolerance. Just be prepared to be re classified into a new MOS. Because it will be a miracle if you keep you SC at this point.

Response by MSG Ron Radar made Oct 29 at 2021 2:54 PM

MSG Ron Radar — Fri, 29 Oct 2021 14:54:19 -0400

One thing I learned while serving is that the local PD's love sitting outside of our Military bases . They make LOTS of cash for the their County by doing so ....STILL , YOU have to make a mistake ( most of the time ) before they can have at your wallet and freedom . The military has changed since I was in so things that weren't a big deal then can and will destroy your military career these days , that being said you're in for a rough ride as they really don't take kindly to DWI/DUI's these days . As the Officers said " It's up to your Command to decide what happens to you " . The best advice I read here were the one's saying to STOP talking and writing about this ! Get a lawyer if you can afford one ( borrow if you can't as YOU NEED ONE ! ) and do whatever your Command tells you to ( within reason ) . These days the Military tends to get rid of anyone who has this problem so unless they think they really need you then you're looking at returning to civilian life, and unless you plan on living where this happened you'll need help to return to where you call home . THAT may not be easy as every state has their own laws and ways of handling this type of offence , IT WILL BE very expensive no matter what though as the programs they make you go through are run by contractors and they've figured out how to milk every last drop of money they can from you . I know several people going through now or in the recent past that all say it dang near broke them financially as it takes Years for the money hemorrhaging to stop . The Insurance is the worst as you have to carry some high price " you've been bad and got caught " Ins. that most states make you pay 6 months up front each billing period that costs 3 to 4 times as much as regular Ins. does . While what you did was stupid just know that the pain from doing that lasts for YEARS , 10 plus years in fact as if you get another one it compounds with this one over the next decade after conviction from this one . I really hope you get through this and have a long and rewarding career in the Army , just know that for years to come you'll need to be the best you can be . Good Luck and be smart !

Response by SGT Lori Adams made Oct 29 at 2021 8:08 PM

SGT Lori Adams — Fri, 29 Oct 2021 20:08:37 -0400

I can’t speak to how the military will treat you as I have been out awhile.

However, I am a retired cop who specialized in impaired drivers. As far as the civilian law is concerned you may not be a lost cause. You do need to get a lawyer though. I don’t know the specifics of your case - you can message me if you would like.

If this is your first offense DWI AND first overall criminal offense you can get it knocked to public intox with a treatment program. Always hard to say, a lot of factors play into it. But don’t lose hope. I would suggest you start AA or some program now just to show the initiative - both to the court and your command. It doesn’t say you have a problem, just says you are willing to take responsibility and learn.

Response by SGT Lori Adams made Oct 29 at 2021 8:15 PM

SGT Lori Adams — Fri, 29 Oct 2021 20:15:40 -0400

Oh, and don’t listen to those who are jabbering about your clearance. This isn’t necessarily a precursor to losing it. People said the same about bankruptcy and clearances. I worked for the NSA as a contractor with a TS/SCI and had a bankruptcy a year before I got my clearance because I was paying for my parents medical bills and crap. Also knew a ton of military get DWIs and kept their clearance. Clearances are individually based decisions. It’s all about how you handle stuff after.

Response by TSgt James Warfield made Oct 29 at 2021 10:46 PM

TSgt James Warfield — Fri, 29 Oct 2021 22:46:01 -0400

wow! I have been retired for 18 years now. I know when I got out they were coming down hard on DWI, but all I can say now is WOW.
I guess the military today either one doesn't party and have keg nights, or two thee are lot more tea tootlers in. I actually rarely drank( maybe once a year if that ) , I was always the designated driver.
The second thought I have is I think it stinks that one is automatically out, and each incident isn't judge individual incident. Never agree one size fits all, not even in mistake. Is this the rule for a lot of missteps? No wonder I see so much political ramblings on here.... what happen to take care of one's own.

Response by SP5 John Burleson made Oct 31 at 2021 2:36 PM

SP5 John Burleson — Sun, 31 Oct 2021 14:36:44 -0400

First thing to do is find out of your "superiors" are woke or not. Then bend over and take it like the idiot you are. DUI on or near a major base like Polk is a given as most of the surrounding communities are broke and can't wait to nail a military victim because they know they're going to get into your pocket for a big sailboat. If you drive your vehicle on base you have a sticker on your windshield, cops look for that sticker and go hunting. Ayer MS cops used to hang out by the Little Club parking lot around closing time and stop military cars "for their safety." Finally, use the Power of Bullshit to motivate your SOF interests. Maybe you can't kick the local assholes where they deserve it, but you sure can take on a few bad guys overseas. And every time you encounter one of these bad guys, picture that fat, google-eyed 2LT that enjoyed punishing you. Ah, motivation!!

Response by SSG Bill McCoy made Oct 31 at 2021 2:39 PM

SSG Bill McCoy — Sun, 31 Oct 2021 14:39:32 -0400

Find out if the county that your DWI happened in, has a "Veteran's Court" program. Here in PA, veterans can participate in that and the charges are reduced to non-traffic although still at a misdemeanor level. Participants have to attend AA meetings, report frequently to a probation officer and take random drug/alcohol tests. There's more (here - don't know about your area) and it's not a simple process and will require your unit's cooperation. It MIGHT happen too, that probation will be relayed to Ft. Polk - either mental health or SJA. Again, it's not easy, but saves you a DWI on your record and that alone removes points on your lkicense and saves a LOT on vehicle insurance.
Other than that, you will need to become a high performing soldier accepting any duties thrown your way with a VERY positive attitude. In short, your future is in your hands. Do NOT make excuses for your DWI ... own up to it and admit that it was a boneheaded, stupid event and LEARN from it.

Response by SGT Private RallyPoint Member made Oct 31 at 2021 6:19 PM

SGT Private RallyPoint Member — Sun, 31 Oct 2021 18:19:45 -0400

Hopefully they kick your are out.

Response by 1LT Private RallyPoint Member made Oct 31 at 2021 10:15 PM

1LT Private RallyPoint Member — Sun, 31 Oct 2021 22:15:20 -0400

I'd highly recommend getting a good civilian attorney that specializes in DWIs and speaking with a JAG. Unfortunately, you're not dealing with the DWI the same way the average person would; you have a civilian and military aspect to deal with. This isn't something I'd attack half heartedly, I'd take every step possible to deal with everything as soon as possible.

That said, once you're finished in-processing, do your job to the utmost of your ability to show your command team how valuable of an asset you are to them. Something you need to know about commanders in the Army is how much power they hold. Whether or not you stay in the Army is completely up to them, so it would behoove you to be the best asset possible; aka you want them to know that even though you're brand new, they're obtaining an asset that is going to better the unit, and losing that asset will be a big loss.

Keep your head up, but be realistic in understanding that DWIs are oftentimes career enders. That said, in my ten years, I have known guys who stayed in and even some guys who just got a slap on the wrist. Just stay on top of it, don't incriminate yourself (your command team will do their own investigation), and be the best soldier possible while waiting on the outcome.

Response by Lt Col Private RallyPoint Member made Oct 31 at 2021 10:36 PM

Lt Col Private RallyPoint Member — Sun, 31 Oct 2021 22:36:02 -0400

Get an Attorney. Do not listen to your friends. They are not Attorneys. As you are well aware this is not a laughing matter. Do not joke or let others joke about it. I had a new Airman charged with a DUI. It was his first offense. If this is your first offense then you may be able to plead out to a Reckless Driving charge alcohol related like he did. It is still on your record, but it is not a DUI. Afterwards, live the good life, set an example for others, and do your best you can at your job. Eventually the "Stink" will dissipate. Let your reputation be your legacy. Own it and don't let it happen again. By the way, did I tell you to get an Attorney. My Airman used a Public Defender and everything worked out fine. As for those who will look down on you for this just remember, the Good Conduct Medal is nothing more than the undetected crime badge! You got caught, they didn't.

Response by SPC Angelo George made Nov 1 at 2021 7:01 AM

SPC Angelo George — Mon, 01 Nov 2021 07:01:44 -0400

was the DUI on post?

Response by SFC Terry Bryant made Nov 2 at 2021 10:03 AM

SFC Terry Bryant — Tue, 02 Nov 2021 10:03:54 -0400

There is messing up and then there is a tee total FU. Not only did you place yourself in unnecessary danger with your total and irresponsible act but you placed others in danger as well. 10's of thousands of people have died over the years including children from people driving under the influence yet you CHOSE to get behind the wheel of a vehicle while intoxicated. You need to take your lumps and learn from this horrible and potentially hazardous mistake. You have betrayed the trust put in you by the Military and the people of the US. You have shown an utter and total contempt and disregard to your duties which you swore an oath to and that can not be erased by lawyers or counseling. You will need to spend the rest of your career if you still have one proving you are worthy of wearing that uniform and all it represents. This, "CHOICE" you made to disregard the laws of this nation and the trust put in you by your command must be earned back through hard work and a dedication to the people who depend on you to do what is right. DWI's and DUI's are not victimless crimes just because no one was injured or killed. If you have any hope of becoming a leader in the future where you are responsible for the lives of the men and women under your supervision then first you must prove that you are capable of such a huge responsibility. I will say no more on the subject.

Response by MSG Private RallyPoint Member made Nov 2 at 2021 2:41 PM

MSG Private RallyPoint Member — Tue, 02 Nov 2021 14:41:29 -0400

Well, it's been two months since your posting. What has happened since?

Response by 1LT A. Hays Town III JD made Nov 5 at 2021 5:39 PM

1LT A. Hays Town III JD — Fri, 05 Nov 2021 17:39:08 -0400

First, find a competent lawyer who handles "DWI's." Second, seek, and obtain a substance abuse evaluation, and follow all the recomendations; attend a driver improvement course, a MADD Impact session, and complete 32 hours of community service of which 16 hours must be in litter abatement. Depending upon whether you sumbited to the breath test, this could be a point of contention as higher blows require jail time. If possible seek pretrial intervention.
Third, if all fails seek a deferred sentence.
Best of luck.

Response by SSG Robert Velasco made Nov 5 at 2021 6:29 PM

SSG Robert Velasco — Fri, 05 Nov 2021 18:29:39 -0400

Wow,that's really a tough way to begin. What I would advise is to be truthful and humble with all authorities involved. Prove you can abstain from any further drinking or maybe substance abuse. Throw yourself at the mercy of the court and hope for some leniency. As for the military, that's another matter altogether and I wouldn't dare give them a reason to drop you from the program if they allow you to continue one more day and another after that!

Response by SFC Freddie Porter made Nov 6 at 2021 9:35 PM

SFC Freddie Porter — Sat, 06 Nov 2021 21:35:38 -0400

Young PFC; this posted on August 28th. It is now November 6th. I hope I’m not too late.

The first thing you need to know is that everyone has an opinion and they are just like assholes; they all smell bad. The only person, I say again, the only person, you should be talking to about this matter is your attorney. And please note that attorneys these days specialize in a field of law. Some do wills, some do contracts some do medical malpractice or sports law. Even a “criminal” attorney specializes in a particular area of criminal law. I.e., murder vs homicide vs robbery vs grand theft/petty theft etc, etc. That said, an attorney that specializes in DUI/DWI law knows the applications of different aspects of the states laws. Your attorney more than likely knows the prosecutor and the judges on a real familiar basis and knows which way they lean regarding these matters. I’ve worked as a police officer and as a public defender when I was in law school. I’ve seen everyone hang themselves by running their mouth. SHUT the Fuck UP and speak only with your attorney from now on about this. When I say I’ve seen some people walk away from a DWI matter, I’m not kidding. It is about the skill of your attorney and whether you’ve already hung yourself by running your mouth. So, get the advice of legal counsel immediately. If someone asks you about this matter simply tell them you’ve been told to not say anything by your lawyer.

Now, as for your career; soldier on until the matter is resolved. If formation is held at 0600, be there at 0550 hours in the right uniform, with the right equipment and the right attitude. Show your leadership that you are a soldier and want to become a better one. Your career is not over if you decide to make the military a career. There is a light at the end of the tunnel and it is not on oncoming train. It doesn’t sound like you’ve killed anyone yet or done any real property damage. You had to much to drink. Don’t let it happen again. If you drink, do it in moderation (limit it) even if everyone else is fall down drunk. Be the designated driver and drink coffee if you need to and use that as an excuse to not get your ass in a crack again. I’ve been the designated driver and it works. It’s keeps your buddies safe and prevents problems. I’ve got drunks in my family and lost family to drinking and driving. Drinking isn’t worth it that much. Go home and have a drink or two at home and than don’t go out again. Be social, don’t be stupid. But, like I said, be the best soldier you can be. Keep your gear squared away, keep your living area squared away, learn you job the best you can and display the best attitude you can.

Remember please, shut up. It is the prosecutors job to prove your guilt, not yours. Listen to your attorney and be truthful with him/her. What you say to your attorney is privileged and cannot be divulged unless there is a clear and present threat to the safety of others.

Response by Maj Diane Varni made Nov 7 at 2021 9:01 AM

Maj Diane Varni — Sun, 07 Nov 2021 09:01:06 -0500

Go to the First Sgt or Sec Cc and confess immediately. I had a troop do it with me and played favorably for the troop despite Social Actions wanting enrollment.

Response by SSG Private RallyPoint Member made Nov 7 at 2021 5:16 PM

SSG Private RallyPoint Member — Sun, 07 Nov 2021 17:16:28 -0500

PFC Dustin B., hopefully you're not wasting our time on giving you advice on how to get out of all this then to wind up doing it again. As someone said, your new name will be "shytbird" for awhile. You will be on your 1SG's shyt list for awhile.

Since this happened in Leesville or Deridder, yes, I used to be stationed at Polk twice, good luck trying to find an attorney on the outside that will help you. The legal system out there are all friends, fishing and hunting buddies.

My advice to you is to get your head out of your 3rd point of contact and think about your career, Son. If you do, as you said, want to get back on track, do as a Soldier did after popping on the piss test. He regretted all that he did, he regretted his actions and promised he wouldn't do it again. He did his 45 & 45, trust me, as his NCOIC, I had to be there too!

My advice is to accept your fault, accept your punishment. Apologize to yourself, your family, and your fellow Soldiers and NCO's. After all is said and done, pick yourself up and move on with your career.

Sorry, but, I can't sugar coat an answer for you because your actions of failing to abide by your NCO's orders of "Don't Drink & Drive", not just your NCO's but the Army. Hope you take all the advice given by plenty of good people with a grain of salt and take heed to them.

Response by CPT(P) Private RallyPoint Member made Nov 7 at 2021 10:26 PM

CPT(P) Private RallyPoint Member — Sun, 07 Nov 2021 22:26:10 -0500

Get a good lawyer and fight the case. DUIs are notoriously difficult from a conviction side. It depends on a lot of factors (your BAC, was an accident involved etc).

Response by MGySgt Libo Hound made Nov 25 at 2021 8:32 AM

MGySgt Libo Hound — Thu, 25 Nov 2021 08:32:35 -0500

I’m very surprised to see so many advising to get a lawyer, don’t talk, and try to have charges reduced. You know what that teaches? “Use the system, try to avoid consequences of the mistake”.

It takes more character to plead guilty and live with the consequences. If you checked into my command with that attitude I would be much more prone to “not hold it against you”.

You are at a crossroads. How you proceed will affect who you become.

Response by SPC Jeff Stassin made Nov 26 at 2021 1:32 AM

SPC Jeff Stassin — Fri, 26 Nov 2021 01:32:08 -0500

Though I can understand a specific need to drink, ending up in Ft. Polk Louisiana; for I spent a grueling 30 days of June out there before deployment, I would do Iraq again over that place. You will have to prolly put down the alcohol for some time and relearn what being responsible is, and making better choices. I remember getting one in Germany some time ago, and needless to say I see E-fuzzy coming soon, pay reductions suck, and a whole lotta extra work comes with that pay reduction. You will virtually have to prove yourself all over again and regain trust you never had just yet twice as hard. I hope they don't throw the book at you but depending on the circumstances, just take it one step at a time.