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Will a 3rd DUI conviction prevent enlistment into the Army

I stumbled onto your site and am impressed with the wealth of information available here. I am an attorney in Georgia, and am doing a pro bono case on behalf of a 29 yr old man who just got arrested for his 3rd DUI. He is interested in joining the army, but was told that the 3rd arrest will preclude his from being able to enlist. I have spoken with the solicitor and he seems to be willing to assit in any way possible (e.g., nolo plea or maybe reducing it to reckless). My question is how should I strucutre the plea so that my client is still able to enlist?

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Attorney answers (3)

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Reputation Level 15
I am not sure the particular circumstances of your client but your query seems to answer the question itself. If client has been told that the 3rd arrest precludes his enlistment then it seems client is going to have a problem getting enlisted. If it is a conviction to a 3rd DUI that will preclude his enlistment, then you would want to secure a result that does nto involve a DUI conviction. Having said this, I would suggest that you and your client go meet with the recruiter and get a straight answer from the recruiter as to what resolution of this matter will be acceptable for enlistment
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Reputation Level 10
Have the DUI reduced to a Reckless Driving with no probation requirement. Probation will be a bar to enlistment.

Reputation Level 12
If you can get the charge reduced, great. But if he has to serve a period of active probation, he will not be able to enlist. Go for a plea agreement that involves payment of a fine in lieu of probation.

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