I know someone that got a DUI last night (his 3rd) and I am sure he will be in jail for a bit since no one will bail him out. He is in the ARMY and was about to leave to go overseas next month. Anyone know if the ARMY will take any action on this matter or do they not get involved?
USA ARMY
2006-10-01 13:15:48 · 11 answers · asked by sooners83 4 in Politics & Government ➔ Military
He needs to contact his CO, depending on the circumstances, he will probably be turned over to military custody and they will handle it
2006-10-01 13:29:23 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Every day he spends in jail is considdered "bad time" I don't know what the limit is (6 months I think) but at that point he is done. A third dui isn't like in the movies where the shore patroll busts through the door and rounds up all the drunk sailors. He is in jail and that is probablly where he stays until he goes to court or makes bail. Quite often they will just OR him out, but 3rd time /////////?????? The army does have a legal department so the military legaliies should get handled for him at least. The biggy, is a third DUI a fellony there, some places it is. Because if that is the case he will stay in the county jail, or out on bail.
2006-10-01 13:47:46 · answer #2 · answered by tom l 6 · 0⤊ 0⤋
Uh, yeah, he's screwed.
Chances are he'll get chaptered out, unless his food chain is all about covering it up for whatever reason. If he can't make it out of jail, it's Missing Movement and he's done. Even if he can make it out of jail, if he's pending charges he can't go overseas. He's done again. If he doesn't get overseas, he'll be put on Rear Detachment. Chances are he'll get pushed by his food chain to be booted out of the Army posthaste by the Rear Detachment folks, so they can open up the MTOE slot and take someone who isn't a complete douchebag.
By the way, his on-post driving privileges are over for a year, and he has to goto mandatory drug and alcohol counseling. Yeah, he's not looking too good. But no, unless that DUI killed someone, he's not going to civilian incarceration. Expect him back on the block in civilian digs with a Bad Conduct Discharge within the next 90 days.
2006-10-01 13:29:59 · answer #3 · answered by Nat 5 · 1⤊ 0⤋
AS a 22 year vet I can tellyou it does not look go for your friend. The Army takes a very dim view of DUI on or off base. They may still ship him out but it is according to where he is going over seas. If it is Iraq he may go but any other post forget it. If they do keep him here he will be getting a dishonorable discharge(which will follow him all his life).They may also give him some stockaid time (brig is Navy,Stockaid is Army) But anyway you look at it he has a lot of trouble ahead.
2006-10-01 13:56:48 · answer #4 · answered by BUTCH 5 · 1⤊ 0⤋
I hope your friend wasn't planning on making the Army a career, because 3 DUI's will have pretty well trashed that. The military as a whole has gotten really tough on members who drive drunk.
He may also face charges under the Uniform Code of Military Justice (UCMJ), which could lead to a discharge under "conditions other than honorable."
In short, your friend is in pretty hot water, and it's deep as well.
2006-10-01 13:35:57 · answer #5 · answered by Chrispy 7 · 0⤊ 0⤋
That's a tough one to answer. Third strike is REAL BAD, but this also depends on how many times he was stopped by the military police versus the town cops. Remember that the service has its own laws that supersede regular laws (UCMJ). Which really makes it a mess. He'll want to work with JAG and get a lawyer, the service (JAG) can get him one for free. Tell him good luck, but he should've seen this coming...x3. He might be able to bargain it all down...hopefully. If he goes to jail...it'll probably be military prison (which I'd rather go to) or county...depending on who's charging and prosecuting him.
2006-10-01 13:28:08 · answer #6 · answered by baron_von_sky 2 · 0⤊ 0⤋
well, if the soldier gets punished through the regular court system, it would be double jeopardy if he got punished again. but in most cases that is what happens, especially with DUIs because soldiers are told not to do that by higher command, so when they do, they have just disobeyed a lawful order. getting a DUI is not a fun thing in the military, in a lot of cases a whole company gets punished (not serious punishment, just maybe have to do some classes on alcohol, or come in to work early). so when that happens they also get punished by their peers.
2006-10-01 14:58:36 · answer #7 · answered by krystal 6 · 0⤊ 0⤋
He will not be deployed probably if he cant make it. My friend went on leave and was supposed to return to go to Iraq and she was in jail and when she got out they didnt deploy her really nothing happened but they could give him like a field grade article 15 but i doubt it.
2006-10-01 14:27:55 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Well if he's facing charges in the US, I don't think he can go overseas. Moreover, if he's facing jail time, I think he's career in the Army is done.
2006-10-01 13:18:02 · answer #9 · answered by MarshaMarsha 3 · 1⤊ 0⤋
Think his army days are over. 3rd DUI is pretty bad to rack up
2016-06-01 08:00:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋