The courts generally take a lot of factors into account when it comes to sentencing. Also, the prosecutor might be persuaded in terms of how she approaches the case. These are matters that I'm sure your attorney will explore.
The prosecutor will have access to your driving record and your records, and so it's possible the prosecutor will find this information.
Normally, the Army waits until the civilian court has finished before taking a decision on whether to retain you on active duty or begin elimination proceedings.
Keep in mind there is no double jeopardy between the Commonwealth actions and what the Army is doing or will do.
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You need a civilian attorneys and a military attorney. Letters of reference will not go that far. The Army takes a very dim view of DUI these days. A Virginia attorney will be the best person to ask but if you were that drunk driving I would not expect much... Rely on your current attorney...
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Wrapping yourself in the Nations cloth, for the purpose of getting out of a DUI (and a second one at that) has potential to back-fire since service to ones country however diligent,is not a 'get out of jail free' pass.
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I think it is critical to highlight to the judge the fact that you are/will be punished separately by your chain of command considering how close you are to your retirement. Depending on the seriousness of the civilian conviction, this could be adverse separation, loss of military benefits, end of your military career, and thousands of dollars in retirement benefits. In addition, this could mean non-promotion, and other aspects to which many others who do not serve may not be subject to. You should probably highlight your deployments. Also, check with your attorney if any of your service connected medical issues could be partially responsible for your DUI.
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