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  #1  
Old 12-19-2008, 01:13 PM
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army reservist gets a DUI


What is the name of your state (only U.S. law)? Michigan

So this past Febuary, I got a DUI and a month later I got another one. I now Have 2 DUI's and I have not told my commander about it. I am in the army reserves, and I drill one weekend a month. I missed two drill periods in a row b/c I was in jail for the 2nd DUI. My UA just now found out about it, and says she has to tell the commander. I am now done with all it all in the civilian world, what am I lookin at in the military since I am a reservist?

Am I subject to the UCMJ for this? How can I be punished by my commander if at all?
  #2  
Old 12-19-2008, 01:28 PM
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Posts: 496
Quote:
Originally Posted by pinkfirebirdlt1 View Post
What is the name of your state (only U.S. law)? Michigan

So this past Febuary, I got a DUI and a month later I got another one. I now Have 2 DUI's and I have not told my commander about it. I am in the army reserves, and I drill one weekend a month. I missed two drill periods in a row b/c I was in jail for the 2nd DUI. My UA just now found out about it, and says she has to tell the commander. I am now done with all it all in the civilian world, what am I lookin at in the military since I am a reservist?

Am I subject to the UCMJ for this? How can I be punished by my commander if at all?
The UCMJ, passed by Congress, and the MCM enacted by a Presidential Executive order, often subjects service personnel to much harsher castigation, or Non-Judicial Punishment (NJP), above and beyond the maximum punishment allowed by law in the case of a civilian DUI offense with similar circumstances, ie, a first time drunk driving offense with no prior criminal history.

To further exacerbate the Military defendant's situation, the manner in which the Commanding Officers manage and mete out punishment for DUI is sometimes inconsistent or unpredictable.

Each branch of the armed services metes out serious disciplinary repercussions and loss of privileges for DUI.

You need to contact your local JAG and brace for impact. This has the potential for being very painful for you. You are possibly looking at an OTH discharge or more. There is no way to predict what your particular command will do or how they will handle your case.
  #3  
Old 12-20-2008, 02:18 PM
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Join Date: Sep 2005
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Quote:
Originally Posted by pinkfirebirdlt1 View Post
What is the name of your state (only U.S. law)? Michigan

So this past Febuary, I got a DUI and a month later I got another one. I now Have 2 DUI's and I have not told my commander about it. I am in the army reserves, and I drill one weekend a month. I missed two drill periods in a row b/c I was in jail for the 2nd DUI. My UA just now found out about it, and says she has to tell the commander. I am now done with all it all in the civilian world, what am I lookin at in the military since I am a reservist?

Am I subject to the UCMJ for this? How can I be punished by my commander if at all?
On a side note, you might fare a little better, if you were to get enrolled in some sort
of "alcohol and drugs dependency treatment program."
  #4  
Old 12-20-2008, 02:24 PM
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Join Date: Dec 2007
Posts: 496
Shorty, I don't think it would have much effect in this situation. Two DUI's almost guarantees a discharge unless you are 3 years or less away from retirement. I seriously doubt the OP has much of a future in the reserves but I guess every little bit can help.
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