Posted on Aug 15, 2021
I got a DUI this weekend. What can I expect and what can I do to get through this?
55.1K
723
192
96
96
0
What can I expect? I haven't been in a situation like thus before with ucmj or trouble with the unit.
Most guys I know were retained but it was years ago. How can I stay in and make this right. I deeply regret what I've done.
Most guys I know were retained but it was years ago. How can I stay in and make this right. I deeply regret what I've done.
DUI
Legal Services
Career Counselor
Career Advice
Military Career
Posted >1 y ago
Responses: 119
4
4
0
Wow I just read some of the comments below. Peoples opinion and see how harsh they are and quick to judge. Shame and those who are quick to judge and give no mentorship or guidance. The only one I seen that has relevance is the GOMOR that triggers QMP. I seen NCOs mistakes and yes they are mistakes. I have also seen NCOs make it out. Shoot me a message on my profile I can give you some guidance and from a non judgmental and unbiased stand point.
(4)
(0)
4
4
0
Did you get a DUI, or did you get charged with a DUI? If you were charged, hire a good lawyer and hope for a reckless op plea deal, and if they don’t offer you one take it to a jury trial. A DUI conviction is a career ender in most cases, but if you can win the case and not get convicted you will be ok.
(4)
(0)
1LT Rich Voss
2LT(P) (Join to see) - He's never made that crystal clear since his post in August. Nor did he answer my direct question several months ago. Original post says "DUI", and that he "deeply regrets what he's done". Sober people absolutely do not fail field sobriety tests. Basic rule is one "drink" equivalent to an ounce of alcohol per hour for your body to metabolize it. Three glasses of wine in an hour will cause you to fail a BAC. I know all this as I've worked in the medical side of the insurance industry since 1975. With attorneys, actuaries, and medical directors that follow alcohol use/abuse very closely, as it's so costly to the insurance industry.
(0)
(0)
2LT(P) (Join to see)
1LT Rich Voss Sober people absolutely do fail field sobriety tests. The tests were developed by NHTSA and there have been numerous studies on them showing that completely sober people fail them, often. One of the issues is that in most DUI training the officers don’t test sober and drunk people, they only administer them on drunk people.
There are three tests, one leg stand, walk and turn, and horizontal gaze nystagmus (HGN). Many sober people in ideal conditions can’t stand on one leg for 10-30 seconds without using their arms for balancing or touching the foot down to regain balance, let alone on a dark sidewalk or roadside with police lights flashing behind them. The same goes for the walk and turn, especially since many failures are not due to losing balance, they are for pivoting on the wrong foot or pivoting incorrectly. Then the HGN test is highly subjective. If the officer believes you have been drinking you will fail it. However, it is actually the most accurate test for experienced and honest DUI sergeants, which is why there is a saying “the eyes don’t lie”. Most departments only require you to fail one of the three tests as probably cause for arrest.
So, my advice for anyone is don’t drink and drive, unless you are truly waiting an hour per unit of alcohol (1.5-2hrs for women). This is typically a 5oz glass of wine, or 12oz beer with 5% alcohol. Even better purchase a good breathalyzer such as BACtrack and don’t drive if you’re over .02, ever. And regardless of your BAC is you are ever pulled over don’t incriminate yourself but don’t lie. Don’t do roadsides as they are designed for you to fail. The roadside breathalyzer won’t exonerate you either because the number is not what they use, it’s merely whether it detected the presence of alcohol or not.
There are three tests, one leg stand, walk and turn, and horizontal gaze nystagmus (HGN). Many sober people in ideal conditions can’t stand on one leg for 10-30 seconds without using their arms for balancing or touching the foot down to regain balance, let alone on a dark sidewalk or roadside with police lights flashing behind them. The same goes for the walk and turn, especially since many failures are not due to losing balance, they are for pivoting on the wrong foot or pivoting incorrectly. Then the HGN test is highly subjective. If the officer believes you have been drinking you will fail it. However, it is actually the most accurate test for experienced and honest DUI sergeants, which is why there is a saying “the eyes don’t lie”. Most departments only require you to fail one of the three tests as probably cause for arrest.
So, my advice for anyone is don’t drink and drive, unless you are truly waiting an hour per unit of alcohol (1.5-2hrs for women). This is typically a 5oz glass of wine, or 12oz beer with 5% alcohol. Even better purchase a good breathalyzer such as BACtrack and don’t drive if you’re over .02, ever. And regardless of your BAC is you are ever pulled over don’t incriminate yourself but don’t lie. Don’t do roadsides as they are designed for you to fail. The roadside breathalyzer won’t exonerate you either because the number is not what they use, it’s merely whether it detected the presence of alcohol or not.
(2)
(0)
1LT Rich Voss
2LT(P) (Join to see) - Looks like you've put a lot of time and effort into your study of this. I already knew all of these things, and will stand by my statement. Sober people may fail one of those tests you describe for a multitude of reasons, and it may also be that a true underlying medical condition "trips them up" during those tests. Being actually convicted of a DUI under those circumstances is an entirely different matter. Blood alcohol results are the "game changer" for convictions, and a good defense attorney can even challenge them based on device, experience of officer administering, and so fort. I've seen prosecutors use "back-up" charges of reckless driving, impaired driving, speeding etc if BAC doesn't meet their locales criteria.
(0)
(0)
2LT(P) (Join to see)
1LT Rich Voss The issue I have here is that we have built a system where LEOs in most locales are taught what to write for reasonable suspicion, then their probable cause statement. Innocent people DO get caught up in this system and have their life ruined. In the states I have worked there are both DUI and DUI per se charges, the BAC just makes it automatic (per se). DAs are often unwilling to drop charges even when BAC is below the legal limit for DUI per se. It’s even worse if there is a blood draw, as some governments will scrutinize tiny amounts of other drugs in your system, and in the time (often weeks or months) between the arrest and the lab results you might be placed on monitored sobriety and supervised probation. Yes almost everyone with deep pockets can end up getting charges dropped entirely or reduced to a traffic charge, but those who can’t afford a good DUI attorney end up getting chewed up and spit out by the system. Due to income disparities and greater police presence, this disproportionally impacts minority communities. I see this as a huge failure of our criminal Justice system.
(0)
(0)
3
3
0
This has been 4-5 months ago i am sure this issue has been solved. Now i must admit that I find many of the post here appalling. You are not providing a fair answer to the question.
I see something here happening that is not only scary but getting out of control not just in the Military but in civilian sector as well, We have what is called the rule of law and from what I see here the rule of law just got thrown out the window.
While running over the neighbor's cat is a problem it does not mean the driver targeted the cat.
This SSG deserves a fair trial no matter what the personnel opinion allows for the Person still get their day in court. This as many things is not just a blanket decision for punishment. What were the circumstances around the incident?
I can assure you that many of the military leadership have made poor choices at one time or another and I am amazed that many have never faced fair judgement in those cases because of luck, rule of law, who they rub elbows with, or just having enough money to find the right lawyer, just to name a few. When are we going to apply the Rule of Law or is that not used anymore?
If you want opinion's I think the Judicial system over all inside the United States as a whole is out of control in or out of the Military political or civil. I can only hope you all are judged by the same standard that you use here on an open forum. Have nice day everybody and Happy 2022!
I see something here happening that is not only scary but getting out of control not just in the Military but in civilian sector as well, We have what is called the rule of law and from what I see here the rule of law just got thrown out the window.
While running over the neighbor's cat is a problem it does not mean the driver targeted the cat.
This SSG deserves a fair trial no matter what the personnel opinion allows for the Person still get their day in court. This as many things is not just a blanket decision for punishment. What were the circumstances around the incident?
I can assure you that many of the military leadership have made poor choices at one time or another and I am amazed that many have never faced fair judgement in those cases because of luck, rule of law, who they rub elbows with, or just having enough money to find the right lawyer, just to name a few. When are we going to apply the Rule of Law or is that not used anymore?
If you want opinion's I think the Judicial system over all inside the United States as a whole is out of control in or out of the Military political or civil. I can only hope you all are judged by the same standard that you use here on an open forum. Have nice day everybody and Happy 2022!
(3)
(0)
3
3
0
I'm not going to say I condone what happen. I dont. Your an idiot for it. But.
You reaching out for help, seemingly expressing legit remorse, and wanting to make it right is a good sign.
Make your remorse known, (don't kiss ass) but make it known that your remorseful. Tell them your going to get help for your drinking. (If you don't do that then why are you here) and just roll with the punches. How bad the punches are and how you will get treated will be determined by your reputation but your going to get shit, you won't be trusted and it will.be an all around not fun time for you.
I never got a DUI myself but my company was plagued with them with 2 coming from my roommate at the time.
Learn to love the suck and stop being a dumbass.
You reaching out for help, seemingly expressing legit remorse, and wanting to make it right is a good sign.
Make your remorse known, (don't kiss ass) but make it known that your remorseful. Tell them your going to get help for your drinking. (If you don't do that then why are you here) and just roll with the punches. How bad the punches are and how you will get treated will be determined by your reputation but your going to get shit, you won't be trusted and it will.be an all around not fun time for you.
I never got a DUI myself but my company was plagued with them with 2 coming from my roommate at the time.
Learn to love the suck and stop being a dumbass.
(3)
(0)
3
3
0
You’ll be fine I know guys that popped hot for drugs and they’re still in the service. Units pick and choose who gets chapter out and who doesn’t. Instead of giving everyone the same treatment. i.e. 25th ID
(3)
(0)
3
3
0
SSG Gadson,
Expect the worst but hope for the best. You will most likely get a reduction in rank. The hardest part is accepting your wrong and moving forward. I got a DUI when I was a corpral and my punishment was reduction in rank to a specialist which really wasn't a reduction and 30 days extra duty. I was a 13B as well, but times have changed since then. Just accept your wrong and deal with it, don't let it affect you mentally. If you need someone to talk to just inbox me. Good luck!
Expect the worst but hope for the best. You will most likely get a reduction in rank. The hardest part is accepting your wrong and moving forward. I got a DUI when I was a corpral and my punishment was reduction in rank to a specialist which really wasn't a reduction and 30 days extra duty. I was a 13B as well, but times have changed since then. Just accept your wrong and deal with it, don't let it affect you mentally. If you need someone to talk to just inbox me. Good luck!
(3)
(0)
3
3
0
It takes alot of balls to come on here and own up to something like this. If I was a guessing man I would say your career is over at this point, unless someone in your higher chain feels you deserve a second chance. A DUI is a hard thing to bounce back from in this day and age. 20 years ago you would have received an article 15 and kept on your merry way. Take your punishment as is and teach others not to do as you did.
(3)
(0)
3
3
0
Ssg. Gadson a DUI these days is a career ender most of the time. there is a possibility of getting a dui down graded to reckless driving especially in Savannah GA if you have a good lawyer and the DA is willing. I have seen it happen a lot of times with my 25 years of being a police officer. I personally have let cases go to save a soldiers career several times. If you can get this done then there is no conviction of a DUI and its only reckless driving but the court will most likely impose fines as if it was a DUI. Laws have gotten strict regarding DUIs and mothers against drunk drivers are keeping tabs. Best bet is to get a good lawyer that the courts know and like. BTW this issue will most likely cost you about $3.500-5000 just for recorders court for the attorney and the price goes up if it goes to a jury trial. Remember you get what you pay for.
Sfc Powell Ret.
Sfc Powell Ret.
(3)
(0)
3
3
0
SSG , since it's now exactly 3 months later, I'm curious to learn what's happened to-date. You didn't mention in your question whether it was civilian or military police that apprehended you. That can make a difference, I believe. Certainly in how your case is handled. None of the men under my command ever got a DUI, so I didn't get to witness how it worked in the Army. But I have a number of friends in civilian life that have been arrested for DUI (or whatever the name is in their state) with a mix of results. My entire civilian career has been in health insurance underwriting, and DUI can disqualify a person for insurance for 5 to 10 years, depending on the contract. The actuaries I know never treated a "single" DUI as a "mistake", but rather as a pattern that finally resulted in getting caught. I hope you get the help you need.
(3)
(0)
3
3
0
Don't waste your time on a lawyer if you were drunk and they got you on video, just go in there and plead no contest (no low contender) and take your medicine, the punishment will be the same with or without a lawyer....
(3)
(0)
Read This Next
Continue with Facebook 
Continue with Google