what punishment can I recieve for being charged with a DUI??

Question

I am a SGT in the army and was recently arrested for a DUI. Although it is the first time in my career that i am in trouble our new CO wants to make me an E-1. I am deploying in a month and my trial will not be until we return. Can I be punished without a civillian conviction?

Answer 1

Yes you can be punished with out having a civilian trial,,, your military career is over, you will be bared from reenlistment, as well as getting an article 15, they can process you out if they so decide to. You can be charged under the UCMJ for articles 111, 112a, as well as article 134.

Answer 2

Most commanders, especially Battalion Commanders, come done with max firepower on DUI cases. About the best you can do in a UCMJ situation such as a field grade Article 15 is to plead mitigating circumstances, such as the drastic effect the rank reduction would have on your family. If you are single it is going to hurt.

Stay away from that drinking and driving. Stay away from the alcohol as much as possible. I'm not active duty anymore but when I was I had an E-6 in my platoon, a fine NCO, that was chaptered out of the service with something like 16 years because he couldn't control his drinking. Other guys got a DUI and then had financial troubles then more drinking troubles... With only one exception, every time I had to go into the battalion commander's office with a troop facing field grade Article 15 alcohol was involved.

Answer 3

You will get busted down in pay & busted down. It is policy of no tolerance in Army. My son is an Officer & he said it was not about the drinking but the bad judgement. 1st they drink & they they make the decision to drive instead of calling a friend or a cab. He tells his men it is the "$8,000 mistake" - the amount it cost an average DUI soldier. Yes you can still be punished by the Army.

Answer 4

You can be charged as a civilian, and by the Military, at the low end you can get a slap on the wrist, or at the high end you can go to court martial. so if your CO wants you to be an E1 you'll probably be an E1. In my opinion I think you should be kicked out, as an NCO you are supposed to lead by example... quite the example you're setting.

Answer 5

The military can help you with the court date. Have your CO get in touch w/the court clerk and either move up your court date or extend it until you get back. DUI's are bad, you are really lucky the military doesn't cut you loose to deal with it yourself. Good luck, and don't do it again. HOOAH!

Answer 6

I'm sure they will just schedule the trial until after the deployment. As far as the military end goes, I've known people who have been reprimanded in the Military for a letter to their CO, no civilian convictio required.

Answer 7

I got one in 2002 and I got A decrease from E-3 to E-2 and 50% lost pay for six months. It may be different now I'm not sure.

Answer 8

You WILL get some type of time whether it be a year in county jail or a few years prison time at the least. It is highly, highly unlikely you would get off with just probation regardless of the state.

Answer 9

It depends on alot of things. Your CO cant lower rank until it is proven in court. You can always get the DUI expunged in court usually by doing community service and or just paying court fees then there should be no problem.

Answer 10

First I'd like to thank you for your service to our country.


Punishment can vary according to the UCMJ.

I suggest you talk to the base paralegal office as soon as possible. They will be a big help.