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?
19.7K
214
69
22
22
0
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?
Posted >1 y ago
Responses: 39
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.
(25)
(0)
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.
(0)
(0)
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
(0)
(0)
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.
(0)
(0)
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.
(16)
(0)
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?
(0)
(0)
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.
(2)
(0)
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.
(0)
(0)
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.
(1)
(0)
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.
(15)
(0)
First and foremost, DO NOT POST ANY MORE DETAILS ON SOCIAL MEDIA!! Don't talk to your friends about the incident as well. Any statement you make (verbal and written) WILL be used as evidence in any legal actions. Second, hire a REPUTABLE attorney sooner rather than later! Find one that specializes in criminal and/or DUI/DWI cases. Follow their advice to the letter!
Now....I'm going to operate under the assumption for a few minutes here that you really were impaired while operating a motor vehicle.... Be thankful you didn't injure yourself or another innocent person with your poor decision. Use this as a valuable learning opportunity and NEVER allow it to occur again. I would also recommend a good substance abuse prevention program. As you gain experience in Life, you'll come to realize (as I did) excessive alcohol use is not required to have good times. One or two drinks isn't a big deal but drinking to intoxication can have serious repercussions. Assuming your attorney is ok with the idea, seeking a SAP proactively might show to your command your willingness to take ownership of the problem and help ensure it was a "one time mistake".
As for your Command, I honestly don't know what approach they will take. Some Commanders will look at a young troop just starting out and look at the potential for rehabilitation; others will take a "zero tolerance" and initiate discharge/chapter actions. Hopefully, yours will be the former. Assuming the charges stick, in addition to whatever punishment the civilian court imposes, expect at least an A15 with loss of rank/pay. Worst case is discharge from the service.
Everyone has that one "stupid incident" in their past. Let this one be yours and don't make it a habit.
Now....I'm going to operate under the assumption for a few minutes here that you really were impaired while operating a motor vehicle.... Be thankful you didn't injure yourself or another innocent person with your poor decision. Use this as a valuable learning opportunity and NEVER allow it to occur again. I would also recommend a good substance abuse prevention program. As you gain experience in Life, you'll come to realize (as I did) excessive alcohol use is not required to have good times. One or two drinks isn't a big deal but drinking to intoxication can have serious repercussions. Assuming your attorney is ok with the idea, seeking a SAP proactively might show to your command your willingness to take ownership of the problem and help ensure it was a "one time mistake".
As for your Command, I honestly don't know what approach they will take. Some Commanders will look at a young troop just starting out and look at the potential for rehabilitation; others will take a "zero tolerance" and initiate discharge/chapter actions. Hopefully, yours will be the former. Assuming the charges stick, in addition to whatever punishment the civilian court imposes, expect at least an A15 with loss of rank/pay. Worst case is discharge from the service.
Everyone has that one "stupid incident" in their past. Let this one be yours and don't make it a habit.
(8)
(0)
As stated "shut your mouth". Hire a lawyer, discuss this issue with NO ONE but the LAWYER!. Quit being a dumb ass and WAKE THE FUCK UP! Soldier up!
(6)
(0)
Dustin, It is extremely unwise to do anything or say anything to anybody until you first speak face-to-face with a JAG who is "your JAG" in that he or she is your attorney and not the government's attorney. Basically, I am telling you to shut up and stop talking with anybody about any of it, except to talk to your JAG attorney, seriously, shut up, and do not say anything about this in any online forum or group, and certainly do not start texting about this. Once you are in your unit, there is a six month period of time when you first get there, that you can not step out of line during or you risk prison time (if your luck) or a punitive discharge from the military (if you are a big mouth and you talk about this). When you get to dance for your commander, state clearly that you wish to remain silent and request a JAG attorney be appointed to represent you, but if you wish to save your ass, you will get ahold of the JAG office immediately and ask for a confidential consultation, and at the very beginning of the JAG discussion, you MUST ask if there is attorney-client confidentiality. If you just start blabbing to the random JAG who talks to you, they may well end up talking to the same JAG that will put you in prison, so ensure that whomever you speak to (face-to-face) is going to keep your secrets.
Also, immediately (as is right now) call the on-base crisis line and ask for an appointment to see a CHAPLAIN, and get to their office (the Chaplains) TODAY so your visit on "on paper" and there will be an effort on their part to try to mitigate what you did.
If this drinking incident took place after the 13 deaths in Kabul, there is a probability that the DWI incident was a result of your being stressed and distraught about needless deaths, etc. I am not saying that this is an excuse for what you did, but it may provide an understanding as to motivation. Due to the bombing in Kabul, all of the veteran crisis lines are being flooded nationwide with veterans who have never called before who are at their wits-end at being betrayed by our Commander in Chief (hence, the bombing in Kabul and other places). If your misconduct was not the result of the bombing last week (which you will understandably may feel distraught about) then it will boil down to a lack of discipline and lack of maturity, and the military will gladly cure you of both of these with an Article 15, and probably a little prison time.
You can be proactive by getting to the on-base emergency medical room/department and tall them that you have a drinking problem due to (fill in the blank) and ask to immediately be placed into a treatment program as you are profoundly ashamed of your conduct and feel that a drunk driving incident is a failed attempt to self-harm. Basically, your drunk driving was a suicide attempt, nothing less, and the motivation was likely just a lack of maturity, which your First Sargent will need to discuss with you in private, and you can expect the discussion to be memorable.
Do not plead to anything and say nothing to anybody other than a Chaplain, Physician, or JAG officer Also, invoke your right to remain silent, and actually REMAIN SILENT until your JAG attorney works on the matter. When you are in the emergency room, speak only to a Medical Doctor, and seek to speak to and be evaluated by a Military Psychiatrist about this situation and your motivation for what you did. Do not speak to a drug and alcohol "Nurse", Nurse Practitioner, or "Counselor" but rather to an M.D. who is also a psychiatrist.
You may well have just had your last weekend in the military, or you may have the beginnings of a solid military career.
But, shut up, right now and only speak to the three specialty people that I described above.
The rank you have will likely mitigate the punishment you earn, but there is a risk that you will get a shitty discharge.
Also, immediately (as is right now) call the on-base crisis line and ask for an appointment to see a CHAPLAIN, and get to their office (the Chaplains) TODAY so your visit on "on paper" and there will be an effort on their part to try to mitigate what you did.
If this drinking incident took place after the 13 deaths in Kabul, there is a probability that the DWI incident was a result of your being stressed and distraught about needless deaths, etc. I am not saying that this is an excuse for what you did, but it may provide an understanding as to motivation. Due to the bombing in Kabul, all of the veteran crisis lines are being flooded nationwide with veterans who have never called before who are at their wits-end at being betrayed by our Commander in Chief (hence, the bombing in Kabul and other places). If your misconduct was not the result of the bombing last week (which you will understandably may feel distraught about) then it will boil down to a lack of discipline and lack of maturity, and the military will gladly cure you of both of these with an Article 15, and probably a little prison time.
You can be proactive by getting to the on-base emergency medical room/department and tall them that you have a drinking problem due to (fill in the blank) and ask to immediately be placed into a treatment program as you are profoundly ashamed of your conduct and feel that a drunk driving incident is a failed attempt to self-harm. Basically, your drunk driving was a suicide attempt, nothing less, and the motivation was likely just a lack of maturity, which your First Sargent will need to discuss with you in private, and you can expect the discussion to be memorable.
Do not plead to anything and say nothing to anybody other than a Chaplain, Physician, or JAG officer Also, invoke your right to remain silent, and actually REMAIN SILENT until your JAG attorney works on the matter. When you are in the emergency room, speak only to a Medical Doctor, and seek to speak to and be evaluated by a Military Psychiatrist about this situation and your motivation for what you did. Do not speak to a drug and alcohol "Nurse", Nurse Practitioner, or "Counselor" but rather to an M.D. who is also a psychiatrist.
You may well have just had your last weekend in the military, or you may have the beginnings of a solid military career.
But, shut up, right now and only speak to the three specialty people that I described above.
The rank you have will likely mitigate the punishment you earn, but there is a risk that you will get a shitty discharge.
(6)
(0)
Mannnn, what's up with all these Signal's Intelligence Analysts getting DUI's lately? It's almost like this is the same exact guy from last week with the unverified account. Hmmmm, strange......
(4)
(0)
CPT (Join to see)
It's a Intel thing. Before I left my previous enlisted MOS (35F) for my commission into Logistics my company commander had to deal with three DUI's (to include the story I already mentioned) inside of two months.
So now, as a Logistics officer I'm not quick to look down upon the less cool MOS's like my QM and TN folks verses MI, and realize at least I'm not an MI Company Commander now having to flag clearances left and right.
Now that I look back on it, there's more than I can list off easily who probably had their clearances flagged where as any one of those incidents would have permitted the LG MOS soldier to carry on until it finally got sorted out.
I'd like to go back and be a 35D, but as a USAR is it really better than LG? Makes one think before they jump.
So now, as a Logistics officer I'm not quick to look down upon the less cool MOS's like my QM and TN folks verses MI, and realize at least I'm not an MI Company Commander now having to flag clearances left and right.
Now that I look back on it, there's more than I can list off easily who probably had their clearances flagged where as any one of those incidents would have permitted the LG MOS soldier to carry on until it finally got sorted out.
I'd like to go back and be a 35D, but as a USAR is it really better than LG? Makes one think before they jump.
(0)
(0)
PFC (Join to see), you're lucky you're junior enlisted. Your leadership should expect lesser experienced Soldiers to make stupid mistakes. You did. That's not to say you aren't in a deep pile of trouble. Here's my thoughts.
Military
-Let your chain of command know what happened immediately--looks like you might have done that
-Your chain of command may want you to see Behavioral Health for counseling--do it
-You may be required to attend substance abuse classes--don't complain
-You might be offered non-judicial punishment under UCMJ Article 15--consult a JAG defense counsel
-If you have a security clearance, it may be at risk--you might have to retrain to a different MOS
-Hopefully you won't be processed for discharge, but it could happen
Civilian
-You will probably have one or more court dates--advise your leadership as soon as you know dates/times and do not fail to show up--judges don't have a sense of humor
-You may lose your driver's license, be fined, or even have to do jail time--hope for a merciful judge
-You should hire a civilian lawyer who specializes in DWIs
At this point, be respectful of authority and contrite about your error. Your Army career may survive.
Military
-Let your chain of command know what happened immediately--looks like you might have done that
-Your chain of command may want you to see Behavioral Health for counseling--do it
-You may be required to attend substance abuse classes--don't complain
-You might be offered non-judicial punishment under UCMJ Article 15--consult a JAG defense counsel
-If you have a security clearance, it may be at risk--you might have to retrain to a different MOS
-Hopefully you won't be processed for discharge, but it could happen
Civilian
-You will probably have one or more court dates--advise your leadership as soon as you know dates/times and do not fail to show up--judges don't have a sense of humor
-You may lose your driver's license, be fined, or even have to do jail time--hope for a merciful judge
-You should hire a civilian lawyer who specializes in DWIs
At this point, be respectful of authority and contrite about your error. Your Army career may survive.
(4)
(0)
Get an Attorney. Do not listen to your friends. They are not Attorneys. As you are well aware this is not a laughing matter. Do not joke or let others joke about it. I had a new Airman charged with a DUI. It was his first offense. If this is your first offense then you may be able to plead out to a Reckless Driving charge alcohol related like he did. It is still on your record, but it is not a DUI. Afterwards, live the good life, set an example for others, and do your best you can at your job. Eventually the "Stink" will dissipate. Let your reputation be your legacy. Own it and don't let it happen again. By the way, did I tell you to get an Attorney. My Airman used a Public Defender and everything worked out fine. As for those who will look down on you for this just remember, the Good Conduct Medal is nothing more than the undetected crime badge! You got caught, they didn't.
(3)
(0)
Find out if the county that your DWI happened in, has a "Veteran's Court" program. Here in PA, veterans can participate in that and the charges are reduced to non-traffic although still at a misdemeanor level. Participants have to attend AA meetings, report frequently to a probation officer and take random drug/alcohol tests. There's more (here - don't know about your area) and it's not a simple process and will require your unit's cooperation. It MIGHT happen too, that probation will be relayed to Ft. Polk - either mental health or SJA. Again, it's not easy, but saves you a DWI on your record and that alone removes points on your lkicense and saves a LOT on vehicle insurance.
Other than that, you will need to become a high performing soldier accepting any duties thrown your way with a VERY positive attitude. In short, your future is in your hands. Do NOT make excuses for your DWI ... own up to it and admit that it was a boneheaded, stupid event and LEARN from it.
Other than that, you will need to become a high performing soldier accepting any duties thrown your way with a VERY positive attitude. In short, your future is in your hands. Do NOT make excuses for your DWI ... own up to it and admit that it was a boneheaded, stupid event and LEARN from it.
(3)
(0)
Read This Next

Career Advice
Career Counselor
Military Career
DUI
