Can a commander give a letter of reprimand for being a passenger in a car?

2021-11-17T17:25:46-05:00

Have you ever heard of getting a letter of reprimand for being a passenger in a car where someone ( fellow soldier) got a dui. If it is a local letter is it worth the rebuttal?

Response by SFC Ralph E Kelley made Nov 17 at 2021 6:25 PM

2021-11-17T18:25:05-05:00

I never have heard that one but talking while intoxicated (Insubordination) - Yes.

Response by Sgt Private RallyPoint Member made Nov 17 at 2021 7:03 PM

2021-11-17T19:03:36-05:00

They probably expect soldiers not to get in the car of someone that is drunk. If the passenger is sober, he could drive.

Response by CPL John Vines made Nov 17 at 2021 7:07 PM

2021-11-17T19:07:24-05:00

Yes happened at Fort Drum with the reasoning you shouldn't let a battle buddy drive drunk nor get in a vehicle with someone you know is intoxicated

Response by Cpl Vic Burk made Nov 17 at 2021 8:04 PM

2021-11-17T20:04:32-05:00

This is just my opinion but if you are in a car with a guy who you know is drunk and you are not you shouldn't have let him drive. If he wouldn't listen I wouldn't have stayed in the car. I never had an issue with a guy who was wasted letting me drive them back in their car because I didn't drink. As far as the letter, I can't give you an answer on that one. Never saw that happen.

Response by MSG Private RallyPoint Member made Nov 17 at 2021 8:16 PM

2021-11-17T20:16:58-05:00

Passenger sober and knew driver was drunk? Oh yea, LOR coming. Passenger drank and knowingly got into a car with an intoxicated driver? Yep, LOR coming.

Response by SSG Private RallyPoint Member made Nov 17 at 2021 8:43 PM

2021-11-17T20:43:51-05:00

Yes, and a rebuttal to what? The passenger knew the driver was intoxicated.

Response by SGM Erik Marquez made Nov 17 at 2021 8:58 PM

2021-11-17T20:58:15-05:00

If the passenger was under the influence that means his ability to make sound judgments is also impaired. If an SM judgment is impaired and while not doing anything illegal, then said SM makes an unsound decision......punishing them is not sound leadership.. Perhaps the commander was impaired as well when they made this decision.

Response by Lt Col Timothy Cassidy-Curtis made Nov 17 at 2021 9:54 PM

2021-11-17T21:54:15-05:00

Short answer: Yes.
Longer answer: The Commander is responsible for enforcing good judgement for all members of the Unit, regardless of what role the unit member is playing. If you are a passenger of a car that is being driven by somebody who's UI then you needed to say something, do something, use good judgement.

Response by SFC Private RallyPoint Member made Nov 18 at 2021 12:23 AM

2021-11-18T00:23:11-05:00

They are lucky it's only a locally filed letter. I've been in commands where the passenger gets an Article 15. For people stationed in Japan, everyone in the vehicle gets a DUI even if they're asleep in the back of the car.

Response by CW3 Gary Marden made Nov 18 at 2021 1:25 PM

2021-11-18T13:25:36-05:00

Maybe times have changed but in the 90's I was in a similar situation but we were all intoxicated. We all got extra duty and only the driver got the DUI. We were in Germany and took it to the CG, he got us off extra duty but like I said, times probably have changed since then!

Response by SFC Kelly Fuerhoff made Nov 18 at 2021 2:16 PM

2021-11-18T14:16:01-05:00

Can they? Sounds like the commander did.

I don't see an issue with it. The passenger willingly got into a car with someone intoxicated and then stayed in the car while they drove. That's extremely negligent behavior on part of the passenger. The passenger should have taken the keys and driven (if sober) or called them and the other person an Uber, taxi, etc if both were intoxicated.

Whoever that passenger is should take that and learn from it. Things could have ended quite differently.

Response by SSG Bill McCoy made Nov 18 at 2021 5:32 PM

2021-11-18T17:32:21-05:00

If you KNEW he was intoxicated, yes ... even more so, and ESPECIALLY if you were a higher rank.

Response by SSgt Christophe Murphy made Nov 19 at 2021 8:12 AM

2021-11-19T08:12:36-05:00

Depends on the context and details of the event but it is definitely a possibility. DUI's are a big issue in the military. There are dozens of options to get someone home without putting somebody behind the wheel that shouldn't be.

Response by SSG Ralph Watkins made Nov 20 at 2021 5:58 AM

2021-11-20T05:58:35-05:00

The sober soldier was the responsible, non-impaired person. You done messed up. Accept your punishment & move on. Fighting it just shows that you are defending your lack of judgement in that moment. Not good.

Response by Lt Col Jim Coe made Nov 20 at 2021 11:50 AM

2021-11-20T11:50:49-05:00

Yes, a Service Member could be reprimanded for being a passenger in a car driven by a person under the influence. This shows very poor judgement on the part of the passenger. If the passenger was sober, he/she should have insisted on driving. Drunk or sober the SM should not have gotten into the car with a drunken driver. At best the passenger failed to care for their fellow SM when they were intoxicated and put both of their lives in danger.

I'm assuming this involves two or more junior enlisted members. The driver is in deep trouble. The passenger is lucky to get away with their life and a letter of reprimand. Both SMs demonstrated very poor judgement and behaviors unbecoming a member of the Armed Forces. Young people make stupid mistakes. Hopefully they all learn from this experience.

Response by CPL Private RallyPoint Member made Jan 6 at 2022 8:54 PM

2022-01-06T20:54:58-05:00

I love how everyone is assuming the passenger knew the driver was intoxicated. I can think of a few instances where the passenger might not have a clue about the drivers sobriety. My old supply Sgt and I drove across country for his pcs. He was tired and stayed in the car and slept while I went into the grand ol opry for an hour and a half. I could have had several drinks while I was inside and he would have never known.

Response by SFC Michael Lindenbusch made Jan 7 at 2022 7:52 PM

2022-01-07T19:52:21-05:00

A reprimand could be seen as getting off easy. There are states where you can be charged for allowing an intoxicated person to operate a vehicle.