Why do people get second chances for a DUI?

2019-01-02T13:48:37-05:00

I know a lot of people who got their first DUI & had no punishment, just a warning. Second time getting a DUI is when they get extra duty or kicked out or both. I just would like an understanding on why nothing really happens the first time.

Response by SGT Joseph Gunderson made Jan 2 at 2019 1:55 PM

2019-01-02T13:55:54-05:00

A soldier should always be punished for a DUI; if there are soldiers receiving a pass for those infractions just know that it is wrong. Now, that doesn't necessarily mean that each soldier deserves to have their career ended for the mistake. Depending on the performance of the Soldier they can still be retained. I personally went to bat for a soldier on his first DUI and we were able to retain him (sadly, he went on to do it again and we dropped the hammer on that instance).

Response by SFC(P) Private RallyPoint Member made Jan 2 at 2019 1:59 PM

2019-01-02T13:59:57-05:00

Not sure what do you mean. It is always up to the Commander (Company and higher) that has the authority to lay out punishment for any violation of UCMJ. There are always different circumstances with every case most the time if the soldier is an outstanding soldier meaning has never been in trouble before, outstanding at his job, ect. Maybe that soldier went into ASAP maybe in civilian court if it happened off post it was downgraded to a dwai (traffic violation). usually it is the pattern I.E a second or more DUI that gets a person in serious trouble. But I can tell you from when I first came in the military in 2001 the seriousness of a DWI/DUI I have seen end more careers then anything else. I had a Master Gunns E-9 in the corps who told me back in 2002 he had 5 DWI's and drunken disorderly conducts back in the 80's and they were nothing he would get picked up on Monday morning and be back to work.

Response by LTC Kevin B. made Jan 2 at 2019 2:01 PM

2019-01-02T14:01:34-05:00

Commander's discretion. Not all commanders come to the same conclusion on how to discipline their troops. Some will nuke people on the first offense, and others will give someone a second chance, especially if the soldier has otherwise been a solid member of the team.

Response by CPO Private RallyPoint Member made Jan 2 at 2019 2:13 PM

2019-01-02T14:13:36-05:00

There is a lot missing here. I believe the ones you have seen that didn't get UCMJ punishment are the ones that got caught out in town. What you don't know is that is coasting them at least $10,000 dollars and Community Service and probation. The other reason is they as in Military risk Double jeopardy and can get in trouble for punishing someone twice. The example is someone gets a DUI out in town after duty on weekend, no other crime and they show up to work on time after the weekend, technically there was no Violation of USMJ and they can only let the civilian court deal with them. On the other hand someone gets a DUI on weekday, can not show up for duty next day, because he or she is in Jail, they can get you for missing duty or UA, still not for DUI, unless on station. Bottom line is every case is different and just because you did not see that person get punished in public per say at Command does not mean they walked away Scott free, things happen like entrées in their service records like letters of reprimand and other things like not recommended for retention or reenlistment. Every case is different.

Response by 1SG Private RallyPoint Member made Jan 2 at 2019 2:25 PM

2019-01-02T14:25:19-05:00

Should be minimum GO LOR for first and subsequent.

Response by SFC Dennis Cash made Jan 2 at 2019 2:25 PM

2019-01-02T14:25:20-05:00

IMO,
DRIVING ANY TYPE OF VEHICLE UNDER THE INFLUENCE OR IMPAIRED SHOULD BE PUNISHED BY BOTH THE PUBLIC COURTS AND SOME KIND OF PUNISHMENT FROM THE MILITARY.

AS A COMMERCIAL DRIVER AND OLD 88M, YOU SHOULD NEVER GET INTO A VEHICLE KNOWING YOU HAVE BEEN DRINKING ALCOHOL.

HOLD YOURSELF TO A HIGHER STANDARD THN YOUR PEERS AND LEAD THE WAY!
HOOAH!!

Response by MAJ Ken Landgren made Jan 2 at 2019 3:47 PM

2019-01-02T15:47:50-05:00

I have seen plenty of soldiers kicked out of the Army for DUIs. Sometimes the base commander or the CG want convening authority of the DUI cases.

Response by SSG Jeffrey Harper made Jan 2 at 2019 4:33 PM

2019-01-02T16:33:12-05:00

Was those first timers E-7 of those that the COC likes?

Response by MAJ Private RallyPoint Member made Jan 2 at 2019 6:19 PM

2019-01-02T18:19:26-05:00

SPC, keep in mind not every punishment is announced to everyone because it is considered need to know. So while you might not hear anything, they might be carrying around a GOMOR or Article 15.

Response by SSG Jeffrey Harper made Jan 2 at 2019 9:24 PM

2019-01-02T21:24:53-05:00

I think they should never get a second chance for a DUI cause it shows a lack of judgement and no respect for the himself COC or the lives of the people around them. I personally think anyone that get a DUI should be Court Martial.

Response by SGT Private RallyPoint Member made Jan 2 at 2019 10:46 PM

2019-01-02T22:46:34-05:00

When it comes to things like that, it’s at the commanders discretion. When I was in the Marines I had 3 different command groups and each group treated every case differently on a case by case basis. My current unit in the Army doesn’t play any games. The last soldier that got a DUI got chaptered out of the Army. If it was up to me, they’d get the boot fast. DUI’s are unacceptable and should not be swept under the rug for any reason. That is one of the most prominent examples of the wrong behavior/ conduct to be shown by anybody.

Response by SSG Brian G. made Jan 2 at 2019 11:03 PM

2019-01-02T23:03:37-05:00

There is a lot missing here as others have said. That said it is vast difference between getting caught on base/on post by military authorities and being caught in the civilian sector by authorities. You get caught on post and it goes into a report that your commanding officer sees, as does likely his commanding officer so action will be taken. The civilian side for a first offense in most states is a trip to jail, an appearance before a judge and a posting of bail. This CAN be kept out of the eyes of the military so long as the SM follows and does everything they are supposed to do. I have never heard of someone just getting off with a warning for even their first offense.

Response by SFC Private RallyPoint Member made Jan 2 at 2019 11:07 PM

2019-01-02T23:07:29-05:00

These people you know are lower enlisted. Most NCOs or officers who receive a DUI will be kicked out regardless of what their commander recommends.

Response by Maj John Bell made Jan 3 at 2019 12:51 AM

2019-01-03T00:51:15-05:00

A DUI is the moral equivalent of putting on a blindfold in the mall and then randomly firing a pistol as you spin around.

In the military even in CONUS, we do dangerous things around dangerous stuff. Would you want me to entrust your son or daughter to someone with judgment so poor, because everybody deserves a second chance. They don't.

Response by SGT Private RallyPoint Member made Jan 10 at 2019 3:15 PM

2019-01-10T15:15:00-05:00

Most installations have a policy where it is mandatory initiation of chapter and mandatory GOMOR. So there is some level of "punishment" there.