Is there a DUI plea bargain(lessor conviction) the Army will not pursue discharge? (i.e. less than Wet Reckless)

Business Questions 5 views 4 answers
A soldier has 14 Years in service, E-6. With only 5 years left of his military career, he is arrested for DUI (State of Georgia). Attorneys are seeking a lessor conviction that will allow him to complete his career and avoid discharge, assuming a reduction to Wet/Reckless will still be considered a DUI conviction. Is there any other plea bargain the Army will not pursue discharge? This is 1st offense. Attorney has been retained, however they are civilian attorneys. The arrest has not been reported to the military at this point. The attorney wants to confirm if reduction to Reckless driving is treated the same by the Army as a DUI. In other words will a reduction to reckless driving be enough to avoid discharge. Is there a lessor plea bargain that could be negotiated to completely avoid the discharge?

Attorney Answers

4
Sarah Blake ·
It seems you already have an attorney. Have you addressed this concern with them?
0 upvotes
Robert Degroot ·
Let the attorney find out. Either that or look for one who knows military law.
0 upvotes
Julia Simmons ·
FIRST, I'm not licensed to practice in GA and I personally don't know of one DUI attorney who practices in GA so I have absolutely no "horse in the running" ... I've recently handled a gunnery sergeant with massive security clearances who was 15 years in. You have to fight this even if it means going to jury trial. My case, ultimately, all charges were dismissed after the case was sit for trial. Higher the best DUI attorney you can afford. Make sure they ONLY DO DUI and have a rapport for actually taking cases to trial. If your civilian attorneys don't match this criteria, GET A NEW ONE.
0 upvotes
James Yeargan ·
Your attorney needs to consult with an attorney who practices military law, and/or is familiar with the MCJ. If your attorney cannot do this I recommend having a consultation with an attorney who practices military law.
0 upvotes

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