dwi offpost

Sharon Elizabeth Chirichillo

This answer is for informational purposes only as I do not practice law in MO. Here in WA State when an enlisted soldier is charged with a crime, factors that the CO will consider will be their security clearance, rank, whether matter was self reported and MOS. Usually here with Fort Lewis soldier’s (Army enlisted)I have seen that in misdemeanor cases the CO will discipline according to the actual conviction and not the initial charge. I hope that will happen in your case. Good Luck!

Refer to the MO DOR link regarding infomation about driver's license and the Miltary.

Bruce Roland Busch

I agree with the other post but would add that it depends on the punishment. You would not be convicted of a DWI but there may be nonjudicial punishment based on your conduct -- e.g., 15-6. I strongly suggets you contact JAG at legal assistance for a confidential consultation.

Remember, I'm a lawyer but I'm not YOUR lawyer. Only after a thorough review of your case by a competent licensed attorney in your state will result in informed legal advice.

Walter Herbert Foster IV

Understand, that as a member of the military you are subjected to different standards than a civilian. Conduct off-post on the "economy" can be punished by both the civilan and military authorities. This is based on the concept of "separate sovereigns." While it may not be fair, your Commander may decide to take action against you under military regulations or the UCMJ.

W Marc Hardesty

Depending on your status you may be subject to a administrative separation board which suspends greatly the rules of evidence. My suggestion is to contact legal assistance or consult with qualified civilian counsel familiar with the JAG Corps and UCMJ. Best of luck

Patrick J. Mclain

I assume this matter was handled in Missouri courts, though you do not say. Regardless, the military exercises jurisdiction on federal law, so you can be prosecuted or processed administratively in the military system, and that is in keeping with our federal system of laws. There are some administrative restrictions on military commanders who wish to punish military members for the same offense for which they have been convicted in a state court, but that is not the case here. Your commander is free to send a charge of DWI, or related charges, to a court-martial, to an administrative board, or make it the subject of your performance evaluation. Your feelings on the justice of this system are, unfortunately, not relevant to the reality that you face.

Thus, you are well advised to consult a TDS attorney, if you can get an appointment, and you can also consult an attorney who practices military law. The latter will require that you pay for that consultation. Remember: the military can do this, but you can, and should, fight this.

Semper Fi, Patrick McLain