Possible Military Consequences of a California DUI

Military Consequences/Actions for California DUI Incident Off-Post

This list of common actions that the military may inflict on the soldier, airman, sailor and /or marine) if facing a California DUI.

This list may not be all inclusive, and not all actions will be taken in every California DUI case, but the consequences can be enormous and continuing.

There are some options available to the commander and what may result, separate and apart from the civilian disposition of the California DUI case. A premier California DUI Attorney is a must on the civilian side.

Immediate Suspension of all Favorable Personnel Actions (”Flagged”):

No promotions

No leave or passes allowed

No transfer/reassignment by Permanent Change of Station

No Temporary Duty assignment

No selection to attend military schools

Relief for Cause from Duty Position with adverse Efficiency Report filed for record.

Suspension or Termination of Security Clearance, which bars access to sensitive equipment and information, prevents performance of classified military duties, and causes transfer or elimination from service.

Bar to Re-Enlistment imposed, forcing discharge at end of enlistment, ending career.

General Officer Memorandum of Reprimand filed in permanent record.

Mandatory/Command referral to ADAPC/ASAP (Alcohol or Substance Abuse Program).
Initiation of Reduction Board (to reduce in rank an enlisted person) for “inefficiency” or
inability to perform at more senior rank.

Mandatory Separation if reduction causes “Retention Control Point” to be exceeded, which sets limits on length of service allowed for each rank. (For example, E-4/Corporal limited to 9 yrs service, E-5/SGT = 13 years maximum and short of retirement eligibility).

Administrative Elimination/Discharge Action, with likelihood of stigmatizing Less than Honorable Discharge, which denies veteran’s benefits, including Educational Assistance (G.I. Bill)

Quality Management Program review initiates discharge as “less qualified” for retention.

Upon Discharge, likely to be stigmatized with Re-Enlistment Code of RE-3 or RE-4, which prevents re-entry into military service (even in the Reserve Forces), despite a successful rehabilitation period, effectively preventing later qualification for retirement eligibility
based on years of accrued service.

Punitive action under the Uniform Code of Military Justice (10 U.S. Code 801 et seq.)
Article 15 (Non-Judicial Punishment action) imposed by Commanding Officer, which may include reduction in rank, forfeitures of pay, restrictions on liberty, and extra (fatigue-type) duty.

Court-Martial, which may impose confinement, forfeitures, reduction in rank, and either a Bad Conduct Discharge or Dishonorable Discharge, both of which are stigmatizing and disqualifying for military and veterans benefits.

A California DUI Attorney's ability to avoid a California DUI conviction may favorably affect any military consequence.