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  • Possible DUI after enlist/ before basic

    Any advice for an 11B hopeful? I enlisted as an 11B candidate in August 2012; I ship to OSUT in May 2013. I am 24 years old, never had any trouble with the law at all. Had no waivers needed for my enlistment in August; however, about a month ago, I pulled into a friends driveway and was waiting on him to get home, fell asleep, his neighbor called the cops, they came to me and arrested me under suspicion of DUI; I refused to blow, and was detained for 6 hours until I made bail. I refused to blow because I had had 4 beers about an hour before and did not want to get screwed, but turns out that may have been the wrong decision. Anyway, long story short- I plead not guilty, and hired a lawyer. The lawyer thinks I have a shot at beating the charge, but I'm not sure. I talked to my recruiter and his advice was to keep it to myself at least until I get a verdict. My questions are: 1) should I keep it to myself until I get a verdict? 2) Should I keep it to myself if I am found not guilty? 3) Should I tell someone/ and who should I tell if I am found guilty? 4) What could happen if I am found guilty and inform the NG of everything? 5) Will I be able to get to and through basic training and AIT without this coming up since my MOS does not require a security clearence?

    This was an extremely unfortunate event and believe me I would never drive under the influence, but it doesn't matter what the truth is in court; it only matters what you can prove. All I want to do is serve my country, and the last thing I want is for this garbage to get in the way. So, please limit the responses strictly to advice on steps I should take in order to remain in the Army NG and serve my country for as long as possible. I do not need advice on not drinking or being a better person, thank you.

  • #2
    Re: Possible DUI after enlist/ before basic

    Originally posted by Irish11B View Post
    Any advice for an 11B hopeful? I enlisted as an 11B candidate in August 2012; I ship to OSUT in May 2013. I am 24 years old, never had any trouble with the law at all. Had no waivers needed for my enlistment in August; however, about a month ago, I pulled into a friends driveway and was waiting on him to get home, fell asleep, his neighbor called the cops, they came to me and arrested me under suspicion of DUI; I refused to blow, and was detained for 6 hours until I made bail. I refused to blow because I had had 4 beers about an hour before and did not want to get screwed, but turns out that may have been the wrong decision. Anyway, long story short- I plead not guilty, and hired a lawyer. The lawyer thinks I have a shot at beating the charge, but I'm not sure. I talked to my recruiter and his advice was to keep it to myself at least until I get a verdict. My questions are: 1) should I keep it to myself until I get a verdict? 2) Should I keep it to myself if I am found not guilty? 3) Should I tell someone/ and who should I tell if I am found guilty? 4) What could happen if I am found guilty and inform the NG of everything? 5) Will I be able to get to and through basic training and AIT without this coming up since my MOS does not require a security clearence?

    This was an extremely unfortunate event and believe me I would never drive under the influence, but it doesn't matter what the truth is in court; it only matters what you can prove. All I want to do is serve my country, and the last thing I want is for this garbage to get in the way. So, please limit the responses strictly to advice on steps I should take in order to remain in the Army NG and serve my country for as long as possible. I do not need advice on not drinking or being a better person, thank you.
    1. yes

    2. YES

    3 and 4. If you are guilty of DUI, you could be separated. I would keep it to myself.

    5. Yes.

    .....always refuse to blow on the road, but always blow at the station. Never, ever EVER take any of the psychophysical dui tests (walk the line, touch your nose stuff).

    Comment


    • #3
      Re: Possible DUI after enlist/ before basic

      Lying by omission is still lying. The issue for you is, I doubt this will be over by the time you go to BCT which will cause problems for you when you return.

      Comment


      • #4
        Re: Possible DUI after enlist/ before basic

        Originally posted by RedLeg View Post
        Lying by omission is still lying. The issue for you is, I doubt this will be over by the time you go to BCT which will cause problems for you when you return.
        Yes, redleg, the usual non legal educated individual has shown up to offer yet another unfactual posting in an expertise he has absolutely zero knowledge about. Kudos.

        How many of you reading this would listen to me about how to properly maintain a piece of field artillery equipment....none?...exactly.
        Last edited by ParalegalNCO1; December 22nd, 2012, 11:55 PM.

        Comment


        • #5
          Re: Possible DUI after enlist/ before basic

          Originally posted by RedLeg View Post
          The issue for you is, I doubt this will be over by the time you go to BCT which will cause problems for you when you return.
          This is right. Get the legal problems squared away, then go to IET.

          Comment


          • #6
            Re: Possible DUI after enlist/ before basic

            Originally posted by ParalegalNCO1 View Post
            Yes, redleg, the usual non legal educated individual has shown up to offer yet another unfactual posting in an expertise he has absolutely zero knowledge about. Kudos.

            How many of you reading this would listen to me about how to properly maintain a piece of field artillery equipment....none?...exactly.
            And of course you are recommending another person ignore the Army Values, typical.

            OP, I do military and civilian law enforcement. The chances are your current charges wont be done with before you attend BCT. This means you run the risk of missing court dates and getting warrants or more problems upon your return. Remember its you and not some wanna be lawyer who pays the consequence if you miss court or fail to keep your chain of command informed.

            Comment


            • #7
              Re: Possible DUI after enlist/ before basic

              I agree with the Staff Sergeant on 1 & 2. This would ultimately be a non-issue if you are found "not guilty". Unfortunately, a lot of soldiers have OUI/DWI histories. I personally find the behavior reprehensible but it shouldn't spell doom to your fledgling military career. I'm not concerned about Army Values in how they would relate to your subsequent actions in the event you are found guilty...I am concerned about the regulatory guidance and if it REQUIRES that you inform your chain of command. I don't have an answer on this, perhaps Para does.

              Comment


              • #8
                Re: Possible DUI after enlist/ before basic

                The AR requires him to report if he is found guilty. I am saying report it so he has a chance of deconflicting his court dates and BCT. I have arrestted Soldiers as a MP becuase they took off to the Army without taking care of thier traffic violations.

                Comment


                • #9
                  Re: Possible DUI after enlist/ before basic

                  Originally posted by RedLeg View Post
                  The AR requires him to report if he is found guilty. I am saying report it so he has a chance of deconflicting his court dates and BCT. I have arrestted Soldiers as a MP becuase they took off to the Army without taking care of thier traffic violations.
                  He wasn't asking about charges being completed before leaving. You made that assumption, but I will agree to not leave with something like this still an open case.

                  It's entertaining to me that you always say the "the AR", like there is one that covers every situation in the world. There is no requirement in any of the numerous AR's that require a private to self report a conviction of DUI. Apparently you have never read them. Please copy and paste the section of the reg you speak of requiring this soldier to self report...you won't find it.

                  MP's don't arrest people. They make apprehensions.

                  Comment


                  • #10
                    Re: Possible DUI after enlist/ before basic

                    For clarification, though, can he even ship out if there is an "open case"? I know if an applicant is trying to enlist, they are barred until a conviction is made....

                    Comment


                    • #11
                      Re: Possible DUI after enlist/ before basic

                      Originally posted by ParalegalNCO1 View Post
                      He wasn't asking about charges being completed before leaving. You made that assumption, but I will agree to not leave with something like this still an open case.

                      It's entertaining to me that you always say the "the AR", like there is one that covers every situation in the world. There is no requirement in any of the numerous AR's that require a private to self report a conviction of DUI. Apparently you have never read them. Please copy and paste the section of the reg you speak of requiring this soldier to self report...you won't find it.

                      MP's don't arrest people. They make apprehensions.
                      +1. The main thing we take away from MP school. We do not carry out warrants.

                      Comment


                      • #12
                        Re: Possible DUI after enlist/ before basic

                        Originally posted by RyCass View Post
                        For clarification, though, can he even ship out if there is an "open case"? I know if an applicant is trying to enlist, they are barred until a conviction is made....
                        Technically no, but that wasn't the question.

                        "until a conviction is made"...that isn't always the outcome.

                        Comment


                        • #13
                          Re: Possible DUI after enlist/ before basic

                          Originally posted by fmcityslicker View Post
                          +1. The main thing we take away from MP school. We do not carry out warrants.
                          Yes lets play legal semantics as they are sitting in cuffs, in a patrol car on their way to a holding cell .

                          Comment


                          • #14
                            Re: Possible DUI after enlist/ before basic

                            Originally posted by RedLeg View Post
                            Yes lets play legal semantics as they are sitting in cuffs, in a patrol car on their way to a holding cell .
                            Still waiting for you to post that reference from "the AR".

                            Comment


                            • #15
                              Re: Possible DUI after enlist/ before basic

                              For the sake of knowledge I can only thing of ar 380-67 requiring reporting but that's from a personnel security standpoint. Otherwise the directives actually state just the opposite:

                              http://www.scribd.com/doc/65966781/S...rting-SA-Memo1

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