Originally Posted by preludepatrick,Apr 11 2008, 01:53 AM

"ban alcohol and legalize marijuana"

I 2nd the above!

I would much rather pull out at 2AM in the morning from a marijuana coffee shop than pull out of a bar at 2AM.

I recently got assaulted by a group of random guys after leaving a bar at 2AM. Now I have a synthetic polymer/titanium implant in my face to repair the shattered orbital floor and rim of my left eye socket. My eye does not close all the way now and I have to undergo a second surgery to repair that..

But hey, I still drink...Just gotta be careful and make wise decisions. That was my eye opener.

Originally Posted by plokivos,Apr 11 2008, 11:33 AM

come on now, i know almost all of you DUI. I'm sure not as bad (like blowing over legal limits), but girls, mom's, dad's, friends, doesn't matter, you all do it.

Originally Posted by Hawkstrike,Apr 12 2008, 01:34 PM

Yes and no.

You can't receive a Non-Judicial punishment (Article 15) and Judicial punishment (summary court martial, court martial, etc) for the same offense, as that is double jeopardy.

However, most NJP administered for DUI isn't for the DUI itself, per se -- it's usually for violation of Article 92 (Failure to obey a lawful order or regulation) or Article 134 (General article -- actions prejudicial to good order & discipline). You know those end of the week safety brief formations where the commander stands up and says "Don't Drink and Drive"? He has just given a lawful order ... and if a soldier goes out and get a DUI, he just violated the commander's explicit order in addition to any other laws or regulations broken in the conduct of the act.

That's why it appears that someone is being punished twice for the same offense, but in reality, there are multiple offenses. And there are also adminsitrative actions that can be imposed that have nothing to do with UCMJ punishment (NJP or otherwise) -- loss of security clearance, letter of reprimand, adminsitrative separation, etc. A servicemember can have a career ended for a civilian conviction without the military taking any sort of judicial action.

It confuses a lot of military folks, so I certainly don't expect most of the civilians here to understand. But what the civilians can learn is that servicemembers are subject to the Uniform Code of Military Justice, which has additional rules and regulations that servicemembers must follow in order to maintain disciplined, combat-effective units. We in the military effectively waive some of the protections of civilian law, and accept stricter guidelines, as part of our service.

That's why, for example, the enlistment oath ends with " ... and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice ..."

To the original poster: you knew better, so you should have avoided this, and I've no sympathy. But at least you're man enough to take ownership of the issue, which makes you more mature than many of the individuals I've seen in similar situations. If you're still a relatively junior EM, you can survive this and learn from it. Best of luck.

Originally Posted by NoRawkus305,Apr 11 2008, 11:27 PM

Some of you need to lay off on the OP. Truthfully, alot of you guys have probably drank over the limit and never realized this. As you all know, 0.08 is the limit. With that said, that equals to only about 2-3 maybe 4 beers at most. I know alot of us feel perfectly fine with that amount without a hint of being buzz. "We" just got lucky for not getting caught.

Originally Posted by REVHIR,Apr 12 2008, 09:44 PM

If you want it to stop then ban bars nation wide. Make it a crime to drink.