I got a DUI this weekend. What can I expect and what can I do to get through this?

From my own third-person experience in the military, it often depends on the individual having gotten the DUI, their rank, their leadership chain, their unit, their MOS, their duty position, their physical location, and in a lot of cases, their color and gender. The first thing to consider is that as a LEADER, YOU KNOW you were wrong to make the decisions you made that led to the DUI. That's even more important when you think about how often leaders have to give safety briefs to their subordinates. Your decision tells me that you would have said, "do as I say, not as I do" to Joe & Jane and that's not right. You can't expect Joe & Jane to do what's right if you aren't setting the right example. But with the other factors I mentioned above, I've seen drill sergeants get relieved, I've seen Staff Sergeants get busted down to Sergeant to Specialist to Private because of charges getting stacked, and I've also seen charges get swept under the rug because the Staff Sergeant was the best NCO in the squad, section, detachment, or because that Staff Sergeant was the aide to the Division Command Sergeant Major. I've even seen absolutely nothing happen because DUIs, drunk on duty, and other serious charges related to the incident (rape, forcible sodomy, adultery, child molestation) were so commonplace that you would get in trouble if you reported them. What I CAN SAY is that you did wrong, you KNOW you did wrong, and you are willing to make this right (according to what you wrote). If you are retained, don't be surprised if you have to give several blocks of instruction on alcohol, responsible drinking, underage drinking, the dangers of driving under the influence, what substances (controlled, prescription, and over-the-counter) increase the effects of alcohol in the human body, and things like that. You may end up becoming the subject matter expert on this before everything is said and done. Best of luck to you.

As the Battalion Legal officer I had a few of these cross my desk. So had an old boss that I asked on one of the employees (after he screwed up) "are you going to fire him?" His was responds was "he just went through a $5000 mistake that he will pay for - he is now one of the best trained employees in my company and very sure he won't do this again. No I'm not going to fire him, and he is now going to train others on what not to do. If he does it again then I'll fire him!" So....Yes there is a way to soften the blow but it will cost time, effort and money. Looking at this I would lawyer up both with the base legal and a lawyer in the jurisdiction where the incident occur. You will have two legal trajectories to deal with. One will be with the military and the other with the civilian court / DMV. Depending if this is your first time (and what you blew for an alcohol level) and if you have a clean record, A local outside lawyer maybe able to work with the local city (or county) prosecuting attorney to bring down the charge (maybe reckless driving or something else). You are still going to have to go to court (where a suit and tie, and DO NOT wear your military uniform). They will already know you are in the military. Regarding the military, depends on what happens with your Commanding Officer and if you are looking at a Article 15 or 32 hearing. Talk to your base legal / lawyer to see what they recommend to say or if he can be present when you are brought to the CO. Depending on what happens in the civilian side the CO may take the information into consideration. with Non-judicial punishment (article 15), you may get a slap on the hand or other punishments (Reduction in rank / Fine / Written Reprimand / Extra Duty / Restriction). If it is a article 32 you will need to work with your base lawyer closely. If you're able to stay in, just ride out your time till your contract is up and get out. You can then start fresh. Hard lesson learned and it will take a while to get out of the woods.

I knew a captain who killed a pair of young twins when he was involved in an accident while driving drunk. Thank your lucky stars you ONLY had a DUI. How would you live with the knowledge that you'd murdered two children? THIS WAS YOUR WAKE-UP CALL. So my advice to you is: give up drinking. And if you can't do that, you have a bigger problem than your DUI and need to seek help for it.

I expect that you'll be given an Article 15 then OTH discharge. There is no excuse for a DUI. You're an NCO and therefore supposed to show even more character and integrity than those under you. I do not see you being court martial because that is reserved for extremely serious crimes, but it is possible.

I usually see individuals get out processed particularly NCO’s how ever I do know of one SSG that has remained in the Army and is in some programs that has helped, he is also in the reserves. Keep your head up and drive on, things will eventually work out and learn from this.

45 and 45, that's all I can say.

Best bet is to find a lawyer...a good one.

My initial reaction is go to OCS quick fast and in a hurry - Officers survive DUIs, NCOs don't.

Of course my initial reaction is *totally* wrong - the Army would *never* treat Officer and NCOs differently. Never.


Sarcasm aside, you are likely staring down the barrel of a QMP. The best thing you can do to survive the QMP is to start building your rebuttal *now* before it comes down. Prove to every NCO and Officer in your chain of Command that you are worth keeping - because it is going to take every Office and NCO in your chain of Command to beat this. Ultimately, QMP *is* a board - and the board *is* required to make a decision based on the facts of each and every individual case. If you can show the board - through subsequent NCOERs, letters of support, or other paperwork - that you are more than just a DUI, they *may* keep you. But you are going to have to show them you are a HELL of a lot more than that DUI.