Posted on Aug 28, 2021
PFC Signals Intelligence Analyst
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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?
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MAJ Audiology
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Most likely you’re done before you even started. DWI is very serious now in the army.
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SSG Signal Support Systems Specialist
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PFC Dustin B., hopefully you're not wasting our time on giving you advice on how to get out of all this then to wind up doing it again. As someone said, your new name will be "shytbird" for awhile. You will be on your 1SG's shyt list for awhile.

Since this happened in Leesville or Deridder, yes, I used to be stationed at Polk twice, good luck trying to find an attorney on the outside that will help you. The legal system out there are all friends, fishing and hunting buddies.

My advice to you is to get your head out of your 3rd point of contact and think about your career, Son. If you do, as you said, want to get back on track, do as a Soldier did after popping on the piss test. He regretted all that he did, he regretted his actions and promised he wouldn't do it again. He did his 45 & 45, trust me, as his NCOIC, I had to be there too!

My advice is to accept your fault, accept your punishment. Apologize to yourself, your family, and your fellow Soldiers and NCO's. After all is said and done, pick yourself up and move on with your career.

Sorry, but, I can't sugar coat an answer for you because your actions of failing to abide by your NCO's orders of "Don't Drink & Drive", not just your NCO's but the Army. Hope you take all the advice given by plenty of good people with a grain of salt and take heed to them.
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1LT A. Hays Town III JD
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First, find a competent lawyer who handles "DWI's." Second, seek, and obtain a substance abuse evaluation, and follow all the recomendations; attend a driver improvement course, a MADD Impact session, and complete 32 hours of community service of which 16 hours must be in litter abatement. Depending upon whether you sumbited to the breath test, this could be a point of contention as higher blows require jail time. If possible seek pretrial intervention.
Third, if all fails seek a deferred sentence.
Best of luck.
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1LT A. Hays Town III JD
1LT A. Hays Town III JD
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I would add fourth, no one needs to know except your chain, and lawyer. Let him talk. No posting on any social media platform. Fifth, do not listen to barrack lawyers, they will do more harm to you. Sixth, be proactive in your fight.
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SFC Terry Bryant
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There is messing up and then there is a tee total FU. Not only did you place yourself in unnecessary danger with your total and irresponsible act but you placed others in danger as well. 10's of thousands of people have died over the years including children from people driving under the influence yet you CHOSE to get behind the wheel of a vehicle while intoxicated. You need to take your lumps and learn from this horrible and potentially hazardous mistake. You have betrayed the trust put in you by the Military and the people of the US. You have shown an utter and total contempt and disregard to your duties which you swore an oath to and that can not be erased by lawyers or counseling. You will need to spend the rest of your career if you still have one proving you are worthy of wearing that uniform and all it represents. This, "CHOICE" you made to disregard the laws of this nation and the trust put in you by your command must be earned back through hard work and a dedication to the people who depend on you to do what is right. DWI's and DUI's are not victimless crimes just because no one was injured or killed. If you have any hope of becoming a leader in the future where you are responsible for the lives of the men and women under your supervision then first you must prove that you are capable of such a huge responsibility. I will say no more on the subject.
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SPC Angelo George
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was the DUI on post?
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1LT Emergency Medical Technician (Emt)
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I'd highly recommend getting a good civilian attorney that specializes in DWIs and speaking with a JAG. Unfortunately, you're not dealing with the DWI the same way the average person would; you have a civilian and military aspect to deal with. This isn't something I'd attack half heartedly, I'd take every step possible to deal with everything as soon as possible.

That said, once you're finished in-processing, do your job to the utmost of your ability to show your command team how valuable of an asset you are to them. Something you need to know about commanders in the Army is how much power they hold. Whether or not you stay in the Army is completely up to them, so it would behoove you to be the best asset possible; aka you want them to know that even though you're brand new, they're obtaining an asset that is going to better the unit, and losing that asset will be a big loss.

Keep your head up, but be realistic in understanding that DWIs are oftentimes career enders. That said, in my ten years, I have known guys who stayed in and even some guys who just got a slap on the wrist. Just stay on top of it, don't incriminate yourself (your command team will do their own investigation), and be the best soldier possible while waiting on the outcome.
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SGT Air Defense Radar Repairer
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Hopefully they kick your are out.
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SP5 John Burleson
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First thing to do is find out of your "superiors" are woke or not. Then bend over and take it like the idiot you are. DUI on or near a major base like Polk is a given as most of the surrounding communities are broke and can't wait to nail a military victim because they know they're going to get into your pocket for a big sailboat. If you drive your vehicle on base you have a sticker on your windshield, cops look for that sticker and go hunting. Ayer MS cops used to hang out by the Little Club parking lot around closing time and stop military cars "for their safety." Finally, use the Power of Bullshit to motivate your SOF interests. Maybe you can't kick the local assholes where they deserve it, but you sure can take on a few bad guys overseas. And every time you encounter one of these bad guys, picture that fat, google-eyed 2LT that enjoyed punishing you. Ah, motivation!!
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TSgt James Warfield
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wow! I have been retired for 18 years now. I know when I got out they were coming down hard on DWI, but all I can say now is WOW.
I guess the military today either one doesn't party and have keg nights, or two thee are lot more tea tootlers in. I actually rarely drank( maybe once a year if that ) , I was always the designated driver.
The second thought I have is I think it stinks that one is automatically out, and each incident isn't judge individual incident. Never agree one size fits all, not even in mistake. Is this the rule for a lot of missteps? No wonder I see so much political ramblings on here.... what happen to take care of one's own.
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1px xxx
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I can’t speak to how the military will treat you as I have been out awhile.

However, I am a retired cop who specialized in impaired drivers. As far as the civilian law is concerned you may not be a lost cause. You do need to get a lawyer though. I don’t know the specifics of your case - you can message me if you would like.

If this is your first offense DWI AND first overall criminal offense you can get it knocked to public intox with a treatment program. Always hard to say, a lot of factors play into it. But don’t lose hope. I would suggest you start AA or some program now just to show the initiative - both to the court and your command. It doesn’t say you have a problem, just says you are willing to take responsibility and learn.
1px xxx
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SSG Bill McCoy Ok. And? That’s how the law is written but have you ever heard of a plea agreement?

In Iowa it’s up to a year in jail, up to $1250 fine and 6 months suspension of license. People have plead to public intox.

Have seen pleas in other states too. I have LEO friends in many states who constantly complain about some of the pleas that are given just to get a conviction.

Trust me when I say that laws are great but prosecutors just want their stats padded and will get take a guilty plea whenever they can get it - especially in a 1st offense where no one was hurt or no property was damaged.
SSG Bill McCoy
SSG Bill McCoy
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SGT Lori Adams - Yes, but in many areas (and because of MADD monitors), plea bargaining is rarely done; excluding programs specifically for DUI/DWI arrests. Those include alcohol safety programs, driver's ed, community service, etc. It does the same as a plea bargain in the end, but with some still serious consquences, i.e., fines, house arrest, driver breath interlocks, probation and more. In the county I live in, the DA himself prosecutes ALL DUI cases and does NOT plea bargain without the aforementioned programs.
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1px xxx
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SSG Bill McCoy but he still bargains. I’m not saying the charges will go away - I’m saying they can be plead down. And I specifically stated alcohol classes.

I think we are on the same page, just reading from a different direction.
SSG Bill McCoy
SSG Bill McCoy
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SGT Lori Adams - You're correct; but you replied to a comment that was a related to an ongoing conversation with a lot of other factors. I agree - we are not disagreeing - just a context issue.
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