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Need help/sugestions guys, son got a DUI on base...(Ft. Bliss, TX)
10/7/2011 8:23:08 PM
First off, yes my son is an idiot! He was out with some friends drinking of course (PVT, E1 19years old) and when he was driving back to his barracks, he decided to pull over and go to sleep (dont ask me). This was probably a month or so ago. Next thing he knows he is in MP custody. They release him back to his unit the next day. That is all he remembers....He was told (or so he tells me) that he would be punished by the Army, MAY-BE it would be turned over to state. He hasn't heard anything since.
Fast forward to Wednesday (5 October). He was visited by a couple of US Marshals that issued him court papers that said he was being charged with a Federal DUI and his initial appearance would be 12 October! I have been jumping through my ass trying to find an attorney (one that would take a federal case and one we could afford). Found one yesterday, told him the whole thing and he said he would call the fed court house and find out what's going on. That was yesterday evening.....Myself and my son try to call his office today and he is in court this morning so I leave a message for him to call me back. Nothing.....I try to call back around 1300 today and got nothing but an answering machine. I figure its because of the holiday weekend etc etc.
I'm a little worried, no.... alot worried....I work offshore in the Gulf Of Mexico and I'm on hitch now. I feel helpless!
This is my first rodeo with a Federal DUI, or any DUI for that matter, his of course too.
This happened at Ft. Bliss, El Paso, TX.
(he has never been arrested for anything, never even had a traffic ticket)
Just need some advise for a concerned dad...
Fast forward to Wednesday (5 October). He was visited by a couple of US Marshals that issued him court papers that said he was being charged with a Federal DUI and his initial appearance would be 12 October! I have been jumping through my ass trying to find an attorney (one that would take a federal case and one we could afford). Found one yesterday, told him the whole thing and he said he would call the fed court house and find out what's going on. That was yesterday evening.....Myself and my son try to call his office today and he is in court this morning so I leave a message for him to call me back. Nothing.....I try to call back around 1300 today and got nothing but an answering machine. I figure its because of the holiday weekend etc etc.
I'm a little worried, no.... alot worried....I work offshore in the Gulf Of Mexico and I'm on hitch now. I feel helpless!
This is my first rodeo with a Federal DUI, or any DUI for that matter, his of course too.
This happened at Ft. Bliss, El Paso, TX.
(he has never been arrested for anything, never even had a traffic ticket)
Just need some advise for a concerned dad...
10/7/2011 10:09:21 PM
That sucks big time. But he got what he asked for. I have never heard of a federal DUI. I know several of my friends who got DUIs on base also. There was usually a NJP and driving privileges suspend on base and that was it. Hope your son isn't railroaded and gets a fair deal. The most important thing is he learns from this experience. God bless.
10/8/2011 11:07:05 PM
Career killer for 18 Series MOS.
10/8/2011 11:33:35 PM
Yeah, he is going to get burned bad on that one. Lawyer up and pray for the best.
10/9/2011 2:18:30 AM
If he was in the Navy he'd be done, however in the Army from what I gather he may be able to after a time come out ok.
10/10/2011 9:53:21 PM
No hes fucked army is crucifying people who get dui's now at least on Bragg they are hes gonna lose alot.
10/11/2011 8:15:14 AM
Originally Posted By ATACORION:
If he was in the Navy he'd be done, however in the Army from what I gather he may be able to after a time come out ok.
If he was in the Navy he'd be done, however in the Army from what I gather he may be able to after a time come out ok.
We chapter folks for DUI here. It's even easier if it's an on base offense. Simple Article 15 then chapter. No idea why it is going to court....must be a Fort Bliss thing.
Originally Posted By DS11M:
Just need some advise for a concerned dad...
Just need some advise for a concerned dad...
No kidding, he needs to be prepared to be living in the civilian world by December.
10/13/2011 3:53:33 PM
Fed Magistrate Court handles most of the traffic offenses on post. They should use TX state law. He might be able to get pretrial diversion, go to ASAP or some other rehab program and get the actual DUI removed, but he is still going to get hit with a General Office Memo of Reprimand. He should look for a TX defense atty for the DUI, and go to the legal Assistance Office for the GOMOR.
10/13/2011 5:49:38 PM
Any update?
Not to hijack the thread or nothin but does the Army follow the same drinking laws as the Marines the no drinking if you are under 21 no matter where you are?
I would assume he is also double fucked because he is 19 and under age drinking and operating a motor vehicle hopefully they dont give him a dishonorable or other than honorable discharge or hes doubly fucked because he will have that DUI on his driving record for 8 years as well as the negative discharge good luck getting a job that way.
Not to hijack the thread or nothin but does the Army follow the same drinking laws as the Marines the no drinking if you are under 21 no matter where you are?
I would assume he is also double fucked because he is 19 and under age drinking and operating a motor vehicle hopefully they dont give him a dishonorable or other than honorable discharge or hes doubly fucked because he will have that DUI on his driving record for 8 years as well as the negative discharge good luck getting a job that way.
10/13/2011 6:02:49 PM
At one time, the drinking age on FT Bliss was 18. This was to keep young troops from going to Mexico and getting in even more trouble. I believe it has since gone back to 21.
Never heard of a "federal" DUI. I know that Federal Magistrates deal with the DUI's on most military installations now (at the Senior Commander on the installations discresition). But the Magistrates use the state DUI law's.
Never heard of a "federal" DUI. I know that Federal Magistrates deal with the DUI's on most military installations now (at the Senior Commander on the installations discresition). But the Magistrates use the state DUI law's.
10/16/2011 11:26:25 PM
Yeah I'd. Like to see an update too. Good chance he'll be discharged - the services are cutting back on folks.
10/17/2011 9:02:39 PM
Couple of thoughts:
1. Lawyer up so you are protected. If this lawyer does not work out, your son is entitled to a JAG to defend him (and its free of charge). They are very capable of doing their job too.
2. Your son needs to take this up through his chain of command. His command Sgt Major and commander should be looking out for him to make sure that he gets a fair shake...the fact that he doesn't hear anything and then suddenly its at the level of US Marshalls and a "federal DUI" tells me that someone was not working in his best interest and dropped the ball. I would find out what his commands involvement is and whether or not they are fully engaged.
3. I think the feds have MUCH bigger fish to fry, so they ought to have a pretty substantial case against him...which is doubtful. I don't want to get your hopes up, but if his command got involved and reprimanded him, it might convince the feds to lay off.
4. The fact that your son pulled over and went to sleep, while an admission of guilt, shows that he "possibly" had the right mind to recognize he was incapable of driving. Though not a perfect defense, this in itself shows that he did not want to be a danger to himself or others.
5. Your son needs to get his act together NOW!!! The number one thing I see that garuntees a bad result in court is when he screws up a 2nd time. Get into alcohol rehab, do community service, beat the judge to the punch. This will show that he is taking steps to fix himself and is evidence of being "salvagable." Lastly, he needs to be completely truthful with you and the lawyer.
I am a Marine, so I am not completely familiar with Army regulations, but I would definently talk to a JAG and would absolutely question the "due process" that transpired. Believe it or not, service members enjoy better protections than civilians when it comes to on base infractions. Hope this helps.
1. Lawyer up so you are protected. If this lawyer does not work out, your son is entitled to a JAG to defend him (and its free of charge). They are very capable of doing their job too.
2. Your son needs to take this up through his chain of command. His command Sgt Major and commander should be looking out for him to make sure that he gets a fair shake...the fact that he doesn't hear anything and then suddenly its at the level of US Marshalls and a "federal DUI" tells me that someone was not working in his best interest and dropped the ball. I would find out what his commands involvement is and whether or not they are fully engaged.
3. I think the feds have MUCH bigger fish to fry, so they ought to have a pretty substantial case against him...which is doubtful. I don't want to get your hopes up, but if his command got involved and reprimanded him, it might convince the feds to lay off.
4. The fact that your son pulled over and went to sleep, while an admission of guilt, shows that he "possibly" had the right mind to recognize he was incapable of driving. Though not a perfect defense, this in itself shows that he did not want to be a danger to himself or others.
5. Your son needs to get his act together NOW!!! The number one thing I see that garuntees a bad result in court is when he screws up a 2nd time. Get into alcohol rehab, do community service, beat the judge to the punch. This will show that he is taking steps to fix himself and is evidence of being "salvagable." Lastly, he needs to be completely truthful with you and the lawyer.
I am a Marine, so I am not completely familiar with Army regulations, but I would definently talk to a JAG and would absolutely question the "due process" that transpired. Believe it or not, service members enjoy better protections than civilians when it comes to on base infractions. Hope this helps.
11/7/2011 10:27:48 AM
They told us that one DUI results in being chaptered out due to the Army trying to slim down. I reckon your son is about to be a civilian.
11/9/2011 12:10:03 AM
its been almost a month already, any update?
11/10/2011 10:49:21 AM
Originally Posted By ElPresidenteAnRK:
its been almost a month already, any update?
its been almost a month already, any update?
He is being chaptered out and charged with the DWI....
I know.....the whole play stupid games win stupid prizes and all....
11/10/2011 1:02:05 PM
Chaptered out under a medical, or something like a 'other than honorable' discharge?
11/11/2011 10:57:34 AM
Originally Posted By NotIssued:
Chaptered out under a medical, or something like a 'other than honorable' discharge?
Chaptered out under a medical, or something like a 'other than honorable' discharge?
General, under honerable conditions
11/11/2011 3:22:43 PM
Good luck to your son. Do not fuck around with booze! I know a couple guys who were always kept away from promotions because of DUI's. Now, they might have been just chaptered. Don't risk it!
11/11/2011 3:32:06 PM
Originally Posted By DS11M:
General, under honerable conditions
Originally Posted By NotIssued:
Chaptered out under a medical, or something like a 'other than honorable' discharge?
Chaptered out under a medical, or something like a 'other than honorable' discharge?
General, under honerable conditions
That's about the best he can hope for. A DUI in OR out of the service can be a killer for a career depending on what you are in.
I truly hope he has learned a vary painful lesson.
