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What action can be taken against a Soldier that almost got a DUI downtown?

Can I take action if a Soldier ALMOST gets a DUI?

The Mentor - A Comprehensive Guide to Army Counseling and Leadership

AR 190-5 (Motor Vehicle Traffic Supervision) para 2-7 covers when GOMORs will be issued for DUI offenses.

If the Soldier refused a Breathalyzer then paragraph 2-7a(2) applies.  If they tested over .08 or violated the local state law for DUI then para 2-7a(3) dictates a GOMOR.  The reason I state this is some states, you can have less than .08 but get a DUI if you were pulled over for speeding, weaving, or any other traffic infraction and you had any amount of alcohol detected by a Breathalyzer.

So, even though the Soldier was not cited by local police for DUI, the Soldier may still be in line for a GOMOR.

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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training.

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  • April McKee

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    Long story short, husband (e6) received a DUI while pushing an non operatoring motorcycle. (Still in court) his lawyer told him if the same officer (civilian) pulled him over again, refuse a breathalyzer, demand bodily fluids test. It happened, he did (sober) now the army is giving him a GOMAR With attempt to chapter. How can they do this?!

    • Mark Gerecht

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      He should speak with his JAG. I don’t believe they can take action until the court case is complete. It sounds like there could be an issue between the police officer and your husband. Is this a possibility. If so it needs to be brought up to the JAG. Finally the downside is a GOMAR and a chapter action are administrative in nature and they could be implemented. I still believe they would have to wait until the court case is over. If the court case is found in his favor then I am not sure the GOMAR or chapter would be appropriate. This were his attornery and JAG come in to play. Also keep in mind in rare cases a chapter action can be suspended much like punishment under an Article 15.
      See AR 635-200 see page 7 paragraph 1-18
      Suspension of execution of approved separation

      a. A highly deserving Soldier may be given a probation period to show successful rehabilitation before the Soldier’s
      enlistment or obligated service expires.
      (1) The separation authority or higher authority may suspend (except fraudulent entry) execution of an approved separation for a period of full-time military duty not to exceed 12 months. (See chap 2.)

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