DWI charges on army post

[rugbymanTOG]

What is the name of your state? virginia
i am stationed here at ft. myer, which is where i was pulled over and cited for a DWI. i am underage, and i originally blew a .086, but after actually being taken in to the provost marshall, i blew a .04. i had 5 beers before falling asleep, and then i got a call from my friends to come and pick them up....i stupidly said ok and picked them up. i was pulled over for a broken tailight, and then made to do a field sobriety test, which i passed. the MPs decided (i could hear them talking) to "screw with me" bc there were 5 E-5's, and they were bored. so i screwed myself. but now after being read my initial article 15 and going to TDS for a company grade, they are changing it to a field grade bc of "administrative problems" after the CO signed the initial statement. the initial company grade was for underage drinking, but i dont know yet what the field grade is for.
1. can this be done?
2. bc it was on post i have to go to court, my liscence is suspended, and i have to go to asap, but can i get a field grade for a punishment that is already being taken through the civilian side?
3. if so, is there anything i should say on my behalf? i have never had a negative counceling statement, i was about to get my e-4 ( a week away), and i was a teamleader. my team was just handed over to me, but i kept them up on PT, and i kept up on their lives like a good teamleader should. my whole chain of command had said that i was a very squared away soldier and a good leader, but now they wont even look me in the eye. ive done some really borderline punishments since then bc of this, but i dont care about that. i want my rank back quick, my responsibilities back quick, and i want to show them more than ever that i am a great soldier, and that i just screwed up. but how do i do that? and what reprocusions should i just take, and which ones should i stand up for myself, and say no? what would help me the most in my situation? plus i also have a new car that i bought in december, and now if i get reduced to e-1 i wont be able to pay for that car and insurance.
any help would be greatly appreciated...thanks

[fozzy2]

You say you were under age, so presumably you should have had no alcohol in your system? And they are going to charge you with underage drinking because you blew a measurable amount?

First, the command has a great deal of discretion on how to handle NJP. If you haven't actually been to mast yet (or whatever your branch calls it) then they can change the charges, handling, etc. pretty much as they wish. Second, you can indeed be sanctioned by multiple entitites. First, 'administrative' matters like suspended driving privileges and alcohol counseling are not "punitive". In addition, 'separate sovereigns' like the state and the federal government can each try you without raising the issue of "double jeopardy." For example, you could get a DUI "out on the town" and go to civil court, and the military could also NJP you (or even court martial you if it was serious). As a point of law, the military isn't supposed to just "assume" that because you were found guilty in civil court you are guilty, they are supposed to take a fresh look at the charge.

As to what you can say for yourself--if you were drinking under age and they've got the test results, you can say you are really sorry and have learned your lesson and will never allow it to happen again. Now,if they try and charge you with DUI there may be arguments you can make (discrepancies in tested levels, passing field test, etc.). But at NJP it usually doesn't pay to get too fancy or argumentative.