DUI/impaired driving in CF (merged)

[DAA]

Im in the forces and I've just been charged with a DUI. Just wondering what happens next.

It is "incumbent" upon you to report the arrest IAW QR&O 19.56 - REPORT OF ARREST BY CIVIL AUTHORITY - Where an officer or non-commissioned member has been arrested by a civil authority, the member shall cause the arrest to be reported to the member's commanding officer.

After that, and seeing as you have to go through the Civilian Justice system, it should fall into the category of "suspected alcohol misconduct" IAW DAOD 5019-7, which I highly recommend you famiiarize yourself with!!!

However, your CO MUST consult with the local JAG before doing anything.

 

[captloadie]

This is correct. Until Ottawa gives a go ahead on the member in question. Their 404's will be lifted. We need Ottawa's green light, plus the local DMV clean bill before we even consider reissuing a DND 404. Once that happens, then the member has to do a DDC, SBC, DIT, and local Supplmental Test. Plus we reqr to submit a new file for a plastic DND 404.

DDC (Defensive Driving Course)
SBC (Safe Backing Course)
DIT (Driver Information Test)
Local Supp Test (Rules test of the local province)

Hope this helps somewhat,
Regards,
Macey

For a 24hr roadside suspension, it is unlikely that your 404s will be lifted, even as an MSE Op. At least where I have been postedthis is the case, and I have a very recent example of this.

I would be surprised if very many report this up their CoC, even though they should.

 

[Timmy!]

For a 24hr roadside suspension, it is unlikely that your 404s will be lifted, even as an MSE Op. At least where I have been postedthis is the case, and I have a very recent example of this.

I'm not sure for the 24hrs deal. I need to sit down and look into it. Just been busy with the CFSDC lately.
An educated guess, it is the unit responsibly to report this issue to local MSE Safety. And it is up to DTnJ4 Ottawa to decide on his DND 404's.

I would be surprised if very many report this up their CoC, even though they should

Even if it is in the book. Does it mean everyone follows all the Regs to a "T" ? I know a lot of units like to fib to us on a daily bases, pretty much.  ;D

I just follow up on DUI's that come across my desk. I don't start the corrective action. I'm just part of the process to get them back on the road for DND. It is all speaking from my experience in this position I hold.

Hope this helps,
Regards,
Macey

 

[gerry1]

Question.
What are the chances of being released for impaired driving twice in 13 years?

 

[63 Delta]

Were you in the CF for both? I assume you are in for one of them..

 

[211RadOp]

There are so many variables that I don't think anyone here can answer.

Such as:
Do you have any other alcohol related issues?
Are you on any sort of remedial measures?
Does the Adjt have a file a foot thick on you?
Are you a pump they are trying to get ride of?
Are you an outstanding soldier?
Do you need your 404s to perform you primary function?
What is your CO like on impared drivers?

And the list goes on.

No I don't want the answers to these, these are just some examples.

 

[mariomike]

What are the chances of being released for impaired driving twice in 13 years?

SUBSEQUENT PDL SUSPENSION

10. Upon being convicted of a driving offence resulting in a second suspension of the member’s DND 404 or provincial driver’s licence, the following action will be taken:
a. The member’s DND 404 shall be suspended for life.
b. If the suspension of the DND 404 precludes the member from performing the member’s duties, the CO will refer the case to NDHQ/D Mil C for CRB consideration. Depending upon the member’s MOSID and individual circumstances, the CRB may decide in favour of retention (with or without restriction), reassignment, or release.
c. If the driving offence was alcohol or drug related, action in accordance with HCFAO 19-21, Drug Abuse or HCFAO 19-31, Misuse of Alcohol as applicable, shall be considered.
http://forums.army.ca/forums/threads/107018/post-1164458.html#msg1164458

 

[Haggis]

CFAO 19-31 has been superseded by DAOD 5019-7 Alcohol Misconduct.

 

[Eye In The Sky]

There will 99.9% be an Admin Review for AM.  One possible recommendation from an AR is release.

The factors that 211RapOp talked about are very relevant to the AR.  AFAIK, an AM incident triggers an AR.

 

[Franko]

If you we're put on C&P for the first offence, which in some units is the SOP......then I'd say you're done.

Regards

 

[Haggis]

Question.
What are the chances of being released for impaired driving twice in 13 years?

Did you apply for and receive a pardon for the first offence?  If so, it will (should) not show on your Conduct Sheet.

 

[cti]

Hello,

I am looking to VOT into COMm Research (00120) and have recently gotten a Canadian Pardon for a past DUI. Any inputs if it will pend a top secret clearance as I am now cleared of my one and only criminal record?

Thank you

 

[SE86]

I’m an OCdt about to graduate university next month and was about to get my commission. I got a DUI yesterday. I do have an IC from last year regarding a separate domestic incident with my husband. I’m 32 and have never been in trouble until this last year. Just wondering if anyone has any idea what is likely to happen? Will I be kicked out? Will it be C&P? An RW?

Thanks

 

[garb811]

Nobody here can say with any certainty as DMCA is the authority for ARs for Alcohol Misconduct, which is what Impaired Driving is. My experience is you will face a minimum of C&P though.

If you haven't already, review DAOD 5019-7, Alcohol Misconduct.

If you haven't reported the incident to your CO yet, you need to do so ASAP.

 

[Eye In The Sky]

To add to Garb811, for your knowledge:

2. Definitions

alcohol misconduct (inconduite liée à l'alcool)

Alcohol misconduct means any conduct, other than a conduct deficiency involving alcohol, that is an offence under the Criminal Code or the Code of Service Discipline that includes the consumption or influence of alcohol as an element of the offence or as a contributing factor, including, but not limited to, the following offences:
•impaired driving;
•impaired driving causing bodily harm or death;
•refusing to comply with a demand to provide a breath or blood sample;
•drunkenness under section 97 of the National Defence Act or an offence under QR&O article 19.04, Intoxicants, if dealt with at court martial, or at summary trial if a court martial election was given; and
•stealing, assault or sexual assault.

3. General Principles

Standard of Conduct
3.5 No CAF member must engage in alcohol misconduct.

Consequences
3.6 A CAF member who engages in alcohol misconduct is liable to criminal, disciplinary and administrative action, including release.


Responsibilities of CAF Members
3.8 A CAF member is required to report:
a.  alcohol misconduct by another CAF member, in accordance with QR&O subparagraph 4.02(1)(e), General Responsibilities of Officers,or QR&O subparagraph 5.01(e), General Responsibilities of Non-Commissioned Members, as applicable; and
b.  their arrest by a civil authority, in accordance with QR&O article 19.56, Report of Arrest by Civil Authority.

19.56 - REPORT OF ARREST BY CIVIL AUTHORITY

Where an officer or non-commissioned member has been arrested by a civil authority, the member shall cause the arrest to be reported to the member's commanding officer.

Reporting an Incident

3.9 An incident of alcohol misconduct or suspected alcohol misconduct must be reported to:
a.the CAF member's commanding officer (CO) through the chain of command;
b.the military police; or
c.the local representative of the Judge Advocate General (JAG).

If you don't report, and report asap, that could become a separate issue you could answer for in the future as well.

Last part I'll highlight from the DAOD, as Garb mentioned, DMCA and the Admin Review.

5.2 Upon notification by a CO, DMCA must initiate an administrative review (AR) as appropriate under DAOD 5019-2, Administrative Review.

* it has been 6-7 years since I've known anyone personally who had a DUI;  that mbr was placed on C & P (the mbr's first alcohol incident on record) by the CAF, lost their license for a year and pays substantially higher insurance rates. 

 

[mariomike]

. I got a DUI yesterday.

For reference to the discussion,

DUI/impaired driving in CF (merged)
https://navy.ca/forums/threads/107018.0

DUI - Effects on Joining?
https://navy.ca/forums/threads/22214.0

 

[SE86]

I notified my CoC immediately - less than 3 hours after I was released. Due to leave (not mine) I’m to receive my punishment next week. I’ve been working 3 jobs on the side (did a memo and it was approved) to make ends meat. My commissioning was going to let me go down to just working for the military but now I’m worried I won’t get my commission. Also worried they will revoke my permission for secondary employment. As an OCdt I’m also worried the likelihood of me getting kicked out is high I really really fucked up.

 

[Remius]

I notified my CoC immediately - less than 3 hours after I was released. Due to leave (not mine) I’m to receive my punishment next week. I’ve been working 3 jobs on the side (did a memo and it was approved) to make ends meat. My commissioning was going to let me go down to just working for the military but now I’m worried I won’t get my commission. Also worried they will revoke my permission for secondary employment. As an OCdt I’m also worried the likelihood of me getting kicked out is high I really really ****ed up.

Were you actually convicted? Or just arrested?

 

[SE86]

Edited on request of OP for PERSEC reasons.

 

[Eye In The Sky]

I notified my CoC immediately - less than 3 hours after I was released. Due to leave (not mine) I’m to receive my punishment next week. I’ve been working 3 jobs on the side (did a memo and it was approved) to make ends meat. My commissioning was going to let me go down to just working for the military but now I’m worried I won’t get my commission. Also worried they will revoke my permission for secondary employment. As an OCdt I’m also worried the likelihood of me getting kicked out is high I really really fucked up.

You're met your duty to report, and did it quickly.  That might not help you, but it certainly won't hurt you either.

Have a review of the DAODs on Alcohol Misconduct and Admin Reviews.  As you can't catch water that is already under the bridge, you can familiarize yourself with the processes and steps that will happen now.  Take a look at Section 5 of the Admin Review DAOD and the AR Process Table;  understanding the process may help you sleep a little easier tonight.