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P. Simmons, Military Lawyer
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Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Questions on Military DUI Laws

A Military DUI (Driving under the Influence) can potentially ruin a soldier's career. A military DUI is different from a civilian DUI. People who want to learn more about military DUI laws ask the Military Experts. The Experts answer a wide variety of DUI related questions and can answer any question that you may have. Below are five of the top DUI questions that have been answered by the Experts.

Can a soldier be discharged from the Army for receiving a DUI?

A soldier can be discharged from the Army for receiving a DUI. It is possible that you could be separated for misconduct under Chapter 14. This will depend upon your commander and his tolerance to such behavior. Usually, a DUI wouldn't compel a separation, unlike a positive drug test, which would result in a process for separation.

Is it possible to avoid a field grade Article 15 after receiving two DUI charges?

There is a way to avoid a field grade NJP. You can refuse the Non Judicial Punishment (NJP) and demand a court martial. However, before you make any rash decisions, you should discuss your options with a local judge advocate. Usually, a Judge Advocate General (JAG) will not recommend this action due to the extreme differences of court martial and NJP punishment. You can still face separation if you are found guilty in a civilian court due to your previous charges for DUI. However, it is possible that you will not be processed if you have an outstanding record aside from the DUI charges, and your Command is not strict when it comes to administrative processing. If your Command chooses to process you for separation, you are entitled to a Board. This will allow you a chance to defend yourself from being separated with an assigned judge advocate at the board.

If a soldier is charged with a DUI by the military and awaiting NJP, but was not charged by the local authorities, is it considered a DUI if all the soldier did back out of a parking spot and pull forward?

You are at risk of being charged with a DUI if you operate a vehicle under the influence of alcohol. Article 111, UCMJ "Any person subject to this chapter who operates any vehicle while drunk, or in a reckless or wanton manner, or while impaired by a substance described in section 912a (b) of this title (article 112a (b)), shall be punished as a court-martial may direct."

Because you did operate the vehicle, even though you just backed out and pulled back in, this will be enough to prove the DUI in court. However, it is possible that even with a "first offense", you may be able to finish your current contract, and may be able to re-enlist.

Is there any way to speed up a DUI trial before leaving for boot camp, without the Air force’s knowledge?

You can speak with the prosecutor and try to resolve the case as soon as possible. It may be likely to make a deal with the prosecutor for a plea in order to keep the charges from being criminal. If you cannot reach an agreement on the charges, you may be convicted which may hurt your chances to enlist. You should let the military know about the charges once you have completed the process with the state. If you don't disclose the DUI to the military, it may come back to harm your career later on. You may want to speak with a local attorney to help work a plea deal with the prosecutor. This may help speed the process.

If a soldier is facing a General Discharge due to a DUI, will their education, job opportunities, Veteran Affairs benefits, and potential appointments to other federal agencies be eliminated?

A general discharge will keep you from receiving educational benefits and can potentially hurt future career opportunities. However, there are worse outcomes than a general discharge. You could receive martial level discharge plus jail time or you could receive an other than honorable discharge.

Being charged with a DUI can be expensive, but a military DUI may potentially ruin your military career. If you find yourself in a sticky situation and need answers, you can ask a Military lawyer on JustAnswer. The Experts are knowledgeable in military law and have experience with military DUI penalties. When you ask an Expert a question, you can be sure that you are receiving the most knowledgeable information at an efficient manner.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11862
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Recent DUI Questions

  • I'm in the Delayed Entry Program for the Army. I recently got

    I'm in the Delayed Entry Program for the Army. I recently got a DUI but will have the opportunity to have this put behind me before going to basic. Will I still be elgible to continue with my enlistment?
  • Im with the ANG. I was arrested for a DUI on May. I had a

    Im with the ANG. I was arrested for a DUI on May. I had a .05 BAC and it looks like all charges are going to be dropped. I was a 4 time PT failure. Besides that, I have an excellent record. My ETS was 29 Sep(past). They tried to give me a General Discharge for the DUI and Im in the process of rebuttal. Now they want to give me a General Discharge for the PT failures.
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  • I am a SSG/E-6, recruiter, with 7 years in the Army, and I

    I am a SSG/E-6, recruiter, with 7 years in the Army, and I recently got charged with a DUI (first offense). I have never been in any trouble. I have not yet been convicted in civilian court, however, my situation is not looking good. Will I more than likely get chaptered in today's Army, especially being in a position of special trust, get hit on the alaract, and go back to regular Army? Will I be getting demoted? If I am chaptered, what benefits do I keep and lose? Will I keep my clearance and be able to apply for a DA civilian/contractor? Thanks in advance!
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