DUI off post?

Question

can you still get UCMJ or letter of reprimand for getting a DUI off post, isnt it double jeapordy, or is there ways around it.......

E-6, wasnt driving, was in driveway with keys in the ignition, refused breathalizer, just seeing if there was a loop hole, i know whats coming, not worried good soldier.

Answer 1

Hate to tell you buddy but you are not off the hook with the military. Here are the facts assuming you are a member of the military-you fall under Article 2 of the UCMJ. (Which includes active, reserves, guard, cadet, etc; …pretty much if you are asking the question, I can assume that this applies to you.) I broke it down as far as I could, trying to apply it to you.

Article 3 – States if you are military, you fall under the code.

Article 5 – States no matter where you are subject to military law. Short version being if you are military you fall under military law no matter where you are.

Article 7- The military has the right to apprehend you for any offense that is against this code.

Article 92 – Failure to obey a direct order. If nothing else they have you under this. Anytime a supervisor, officer, NCO, military police (even of a lesser rank), or your commander, gives you a lawful statement, it is considered a lawful order. You have to remember you are in the military a lawful order that is disregarded by you is considered an illegal act. Which means, if I as a MP tell you not to speed on my base and you do - you have broken this article because I gave you a lawful order. It could be as simple as littering, if I tell you not to do it and you disregard me, it is unlawful. During a Commander’s Call or anything else, has the Commander ever told you not to drink and drive? Is there a base policy that you cannot drink and drive? My gut tells me yes. Even if you are only charged civilian right now for the DUI, you can be charged under this article for drinking and driving because you didn't follow an order, not for the DUI itself. This article is the basis of many arrests on a military base. No matter if you were informed of this article before or not, the next article is what does you in….

Article 111 – States that if you are drunk and driving you can be arrested. If you fall under Article 2, 3, 5, and 7; you are guilty of this offense. Also keep in mind that even if the law of the land’s alcohol level is above .10 it doesn’t matter YOU can still be arrest for anything exceeding that .10. Example is the country’s BAL law is .11 and yours is .10 YOU can still be arrested according to the UCMJ.

Article 134 – Pretty much says that you have to promote good order and discipline while in the armed services.

Double Jeopardy does apply to the military BUT there are ways around it. As I have broken down to you, article 92 and 134 are what they can get you on. Also, other past indiscretions can and will be taken into account.

A little friendly advice would be to talk to your supervisor. Unless you have already screwed him or her over they should be willing to face the man with you to ensure you are given the right treatment. A troop that realizes the error of his/her ways and acts to rectify the situation almost ALWAYS come out still on top. You have a chance to prove yourself as a solider. This is not the time to think of yourself as a kiss-*** but instead be a troop that does your job and goes above and beyond. You can get past this but that decision is entirely up to you. An LOR is not the end of the world unless you make it so.

Good luck to you!!

----You added more details...okay you know all that supervisor crap. I would charge you with an article 92. Still not DJ. By the time your verdict comes down the LOR may already be off your record but if your found innocent go talk to the man to get it out. The keys in the ignition while behind the driver's seat is considered a DUI. Hopefully you have a good civilian lawyer that will try to get you out of it. The base Commander can also take away your DD Form 2220 - Which is your base installation base on your windsheild, and also your government drivers license. So if you are just getting a LOR, count your blessings. It could be worse. You could not be driving for the next year....

Answer 2

1

Answer 3

Yes, you'll be negatively counseled, and be given a letter of reprimand. Because you'll be paying a large fine downtown you won't receive non judicial punishment as that would be double jeopardy. But it can also be mentioned on your annual evaluation too so don't think it helped for your promotion because it certainly didn't.

I beg to differ with the gentleman below me. A reprimand or (letter of admonition) is not a form of non-judicial punishment, therefore its not double jeopardy. I was a 1SG for 2 years and did 2 to 3 of these a year. As Ive already stated. They will be monetarily and criminally punished from the town, or local jurisdiction that he got the dui in. Having a reprimand doesn't constitute double jeopardy, even though in no uncertain terms it screws him for the future in terms of promotions. Either way, wasn't a good thing. If however charges are dropped where the dui was given, then and only then as a result of a BAC, blood alcohol test, or a breathalyzer result above the federal limit of intoxication 0.8, then they can be article 15'd but that's only if charges downtown are deferred to the military for prosecution.

P.S. You get Conduct Unbecoming if your an officer, you didn't state which you are, if you are an officer, brush off your resume and 3 piece suit cause then, your done my friend!

Answer 4

No you are screwed.

it is only double jeopardy if it is the same "Sovereign" charging you. Meaning that if you are charged by the Federal Government, you can not be charged by the Federal government again. But your off post DUI would be a State Charge so Be prepared for the UCMJ / Letter of Reprimand or whatever else you Chain of Command has in mind but be advised normally the first GO in the chain of command wants to be the one to Charge you and you probably don't know that guy so he will not give you any slack.

Sucks to be you.
Remember don't drink and Drive you might spill.

Answer 5

I do believe that yes you are in for a letter of reprimand once they are notified of your DUI which usually happens quite quickly since if you are housed in the barracks EVERYONE in your company will be called in EARLY to sit and listen to the NCO or whoever handles your discipline matters lecture ALL about the DUI situation and such. Your buddies will be real happy with that. The way to get around such a issue is easy...dont drink and drive. call a cab, call your team leader, a friend, someone else to pick your a s s up.

Answer 6

He'll get an Art 15, field grade most likely. He could be reduced in rank to E1, forfeiture of 1/3 base pay for 2 months, 45 days restrictions, 45 days extra duty. Once all that is done, he could be chaptered out of the Army with an Other than Honorable Discharge. Since an Art 15 is non judicial punishment, there is no conflict between what punishment he gets from the South Koreans and what the army is doing. your big worry should be what to do if he gets jail time. In South Korea, the police/govenment don't feed the criminals in jail. Someone has to bring food to them.

Answer 7

Yes you can and Double Jeopardy is not attached. You will get the DUI from the State that you are in and probably a Conduct Unbecoming from the Military. Two different charges from two different jurisdictions - no DJ

Answer 8

I'm not sure exactly what happens, but I do know that you can get in trouble with the military for an off-base DUI.