My goal today is to provide a sample Army DUI Counseling. In the event someone you personally supervise gets arrested for a DUI, it is your responsibility to counsel them. Before you conduct the counseling with them it would be in your best interest to:
- Collect the facts about the situation (get a copy of the police report)
- Get a copy of your commander’s DUI Policy
- Read any pertinent regulations concerning DUIs
- Contact the JAG/S1 Section to find out your legal obligations about what you can and can’t say in the counseling and what types of punishments you can or can’t give
- Refer to a sample DUI Counseling (from unit S1) to get a good idea of what the counseling should look like
As always, preparation is the key to success. That being said, here is a sample Army DUI Counseling for someone who receives a DUI off post.
The purpose of this counseling is to educate you SPC James Smith, about the seriousness of driving while intoxicated and the repercussions of receiving a DUI.
Key Points of Discussion
On 5 Sep 2011 you (SPC Smith) were arrested in Boston, Massachusetts for Driving Under the Influence. According to the police report, you were stopped by a random road stop. When the police talked to you, you smelled of alcohol. After being subjected to a sobriety test your alcohol level was 0.09, which is above the legal limit of 0.08.
You were placed under arrest and detained in the Police Station until you sobered up. Your chain of command was notified and you were released to your unit on Monday morning.
As your first line supervisor, I cannot condone this behavior. DUIs are a serious crime. In addition to civil penalties, you can also serve jail time. Receiving a DUI can also have a detrimental impact on your military career.
Plan of Action
I am recommending to the Company Commander that you:
– Get a reduction in rank from E4 to E3
– Enroll in the Army Substance Abuse Program
Ultimately, the Company Commander will decide what punishment to administer to you.
Once again, you will also have to go to civilian courts to handle your case. I would suggest you hire a lawyer to represent you. You also might want to sit down with JAG to learn more about how to handle your case.
– Ensure soldier attends court date with civil judge
– Conduct weekly safety brief with soldier
– Make SPC Smith aware of DUI-related events, discharges, and accidents that have affected members of our Battalion in the past.
END OF COUNSELING
As a leader, it’s really important to understand the difference between your soldier getting a DUI on post compared to getting arrested for a DUI off post. Before you conduct your Army DUI Counseling with your subordinate, do yourself a favor and talk to JAG first. They should be able to provide some example Army DUI Counseling’s and tell you what you can and can’t do for punishment. There are certain rules about “double punishment” so make sure you educate yourself first so you don’t get yourself in trouble.
DISCLAIMER: Please note I am not a lawyer or JAG Officer.
If you have any other suggestions or examples, or if you have any questions, please post them below. Thanks.