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I received a dwi this past weekend, blew .01 over the legal…

Customer Question
I received a dwi...

I received a dwi this past weekend, blew .01 over the legal limit. The officer told me the judge is going to drop it to a dwai at court on the 27th of this month and he said that means all I will have is a traffic infraction rather than a dwi. I'm also waiting on my ratings and orders from the med process that I have complete. I'm trying to figure out if they're going to chapter me out over this or let me get my ratings and orders. Especially once after court the dwi is dropped to a dwai.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

New York

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Negative, they just read me a counseling stating that my platoon sergeant is recommending field grade article 15 and separation.

Submitted: 8 months ago.Category: Military Law
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Answered in 6 minutes by:
9/19/2017
Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,379
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, I can't tell you what they will do. Commanders have a wide range of options available to them and they can choose to do any of them. What a commander chooses is determined greatly by the advice they receive and their own personal predilections.

What I can tell you is what they can do and, unfortunately, they absolutely can choose to give you the Field Grade 15 and then process you for separation. That is absolutely within the commander's abilities, in a legal sense. It would not be outside of the norm for this sort of situation. I would certainly call it more harsh that is typical, but not so far out of the realm of possibility that it would be extreme.

If you have been read counseling that this is what they are seeking, then you sort of have your answer on what they are thinking. Whether or not the next level command agrees (those that actually approve the separation) is the issue. You can certainly state your cause to try and stop that, by taking responsibility and entering into some sort of assistance program to show that you are serious.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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