Posted on Aug 28, 2021
I messed up and got a dwi after reporting to my first unit here at ft Polk. What's the likely outcome?
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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?
Career Advice
Career Counselor
Military Career
DUI
Posted >1 y ago
Responses: 39
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PFC (Join to see) 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.
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.
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SSG Bill McCoy
CPT Enrique M. - I agree that states differ in many ways regarding adjudicaiton of (any) misdemeanors. However, I can state factually from processing DUI's in Virginia, Maryland, Pennsylvania and Wash., D.C., that there is often a process already in place to "forgive" DWI/DUI.s PA for example as the ARD as previously mentioned; VA has (or had - not sure today) the VASAP - Virginia Alcohol Safety Action Program. Persons successfully completing either had charges reduced to lesser offenses.
The judge, as you say, has to agree; but it's the prosecution who decides that based upon a accused's acceptance of guilt AND responsibility. If a person charged with DUI stands firm on being innocent, and PROVES some error in the officer's standard procedures, he MAY get off. If however an accused is proven guilty, there is NO path to a lesser charge. The latter results not just in a misdemeanor CRIMINAL record; but higher fines and worse in many ways, exhorbatent insurance costs for (typically) a minimum of five YEARS.
Prosecutions for DUI's used to be the proverbial, "slap on the wrist." Today however, they are processed as a VERY serious offense and judges often give the maximum punishment. The change was due primarily to groups like MADD.
Honestly, in the 70's I *NEVER* gave a drunk driver a break. Today however, I'm not sure that would be how I'd handle a first time offender because it can ruin a person's career, marriage and life (i.e., Security Clearance for one). When police run a name from the equipment in their vehicles, they literally, almost immediately, KNOW a person's driving history. I would NOT give a break to a person who already has a DUI/DWI; but would charge him/her with something else appropriate - I know some State Troopers who do that; BUT also ensure that person is NOT able to continue driving after being stopped.
It's complex; but it's been my experience that ACCEPTING responsibility, and yes, admitting guilt FOR A DUI/DWI, results in a less severe punishment - usually the lowest allowable punishment. On the other hand... NOT accepting responsibility almost always results in the opposite.
YES ... SEE an attorney; but be TOTALLY honest. I agree, that if an arresting officer did something wrong, i.e., Probable Cause, Breathalyzer equipment issues or procedural issues. it MIGHT be worth taking the chance on a not-guilty win. But the ramifications of NOT winning must be considered.
The judge, as you say, has to agree; but it's the prosecution who decides that based upon a accused's acceptance of guilt AND responsibility. If a person charged with DUI stands firm on being innocent, and PROVES some error in the officer's standard procedures, he MAY get off. If however an accused is proven guilty, there is NO path to a lesser charge. The latter results not just in a misdemeanor CRIMINAL record; but higher fines and worse in many ways, exhorbatent insurance costs for (typically) a minimum of five YEARS.
Prosecutions for DUI's used to be the proverbial, "slap on the wrist." Today however, they are processed as a VERY serious offense and judges often give the maximum punishment. The change was due primarily to groups like MADD.
Honestly, in the 70's I *NEVER* gave a drunk driver a break. Today however, I'm not sure that would be how I'd handle a first time offender because it can ruin a person's career, marriage and life (i.e., Security Clearance for one). When police run a name from the equipment in their vehicles, they literally, almost immediately, KNOW a person's driving history. I would NOT give a break to a person who already has a DUI/DWI; but would charge him/her with something else appropriate - I know some State Troopers who do that; BUT also ensure that person is NOT able to continue driving after being stopped.
It's complex; but it's been my experience that ACCEPTING responsibility, and yes, admitting guilt FOR A DUI/DWI, results in a less severe punishment - usually the lowest allowable punishment. On the other hand... NOT accepting responsibility almost always results in the opposite.
YES ... SEE an attorney; but be TOTALLY honest. I agree, that if an arresting officer did something wrong, i.e., Probable Cause, Breathalyzer equipment issues or procedural issues. it MIGHT be worth taking the chance on a not-guilty win. But the ramifications of NOT winning must be considered.
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SSG Bill McCoy
CPT Enrique M. - I just found this for Louisianna regarding "deferment" of a 1st offense, DUI charge.
Here's Loisianna's process [CAPS added for emphasis]:
1ST Offense:
LSA-R.S. 14:98.1
Fine – $300.00 to $1,000.00
AND
10 days to 6 months incarceration
Sentence may be suspended if driver is placed on probation AND following conditions:
48 hours in jail OR 32 hours of community service (½ in litter abatement)
COURT APPROVED SUBSTANCE ABUSE PROGRAM
Court approved driver improvement program
Court may order ignition interlock device (IID)
BAC 0.15 to 0.20:
At least 48 hours shall be served without the benefit of parole, probation, or suspension of sentence
BAC 0.20 or more:
Fine $750.00 to $1,000.00
AND
At least 48 hours shall be served without the benefit of parole, probation, or suspension of sentence
Any jail time may be served under home incarceration
Here's Loisianna's process [CAPS added for emphasis]:
1ST Offense:
LSA-R.S. 14:98.1
Fine – $300.00 to $1,000.00
AND
10 days to 6 months incarceration
Sentence may be suspended if driver is placed on probation AND following conditions:
48 hours in jail OR 32 hours of community service (½ in litter abatement)
COURT APPROVED SUBSTANCE ABUSE PROGRAM
Court approved driver improvement program
Court may order ignition interlock device (IID)
BAC 0.15 to 0.20:
At least 48 hours shall be served without the benefit of parole, probation, or suspension of sentence
BAC 0.20 or more:
Fine $750.00 to $1,000.00
AND
At least 48 hours shall be served without the benefit of parole, probation, or suspension of sentence
Any jail time may be served under home incarceration
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TSgt Daniel Newman
Well you will probably loose your driving privileges'. I still made it thru mine and was able to retire. Definitely higher the attorney and hopeful get it down to a reckless driving charge. Learn from it , don't beat yourself up over it . And know your human and we all make mistakes.
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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.
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.
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SCPO Rick Hunter
SFC (Join to see) - I understand that, but with a DUI, would the Army really re-class him as Motor-T driver?
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SFC (Join to see)
SCPO Rick Hunter you certainly have a point, not if he loses his license. But if he doesn't lose his license then he is still technically qualified to drive, and 88M is an MOS that is large enough to always have class seats. I don't think there is anything in the DA Pam 611-21 that prohibits an 88M from having a DUI. Aviation, on the other hand, is very strict about any alcohol related incidents ever in your life. He will never be eligible to work in aviation or become a pilot in any branch of service.
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SCPO Rick Hunter
SFC (Join to see) - Let's hope in the intervening two months, he's pulled his head out and become a stellar Soldier.
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SGT Gerald Jacobs
Ok so from your reply I take it you aren't belittling 88M's. You only mean the Army is short in that field and they will fill it when someone is recycled.
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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.
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.
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