If you are planning on serving in the United States Armed Forces but have an impaired driving conviction, you’re probably wondering if you can join the military with a DUI. Unfortunately, you are not allowed to join any branch of the military if you have a DUI conviction on your record. However, there are circumstances where you may be able to join anyway.
A Los Angeles DUI lawyer can provide information on the appeals you must file to join the military with a DUI. That said, instead of going through a lengthy appeals process, you should try to fight against your DUI charges so they don’t affect you from the start. The best way to do this is to consult with an attorney as soon as possible.
Why You Can’t Join the Military With a DUI
There are several reasons why you can’t join the military with a DUI. The U.S. military doesn’t accept recruits with impaired driving convictions for the following reasons:
- The military has a history of excluding individuals with substance abuse problems, and military officials commonly associate DUIs with those issues
- Individuals with DUIs on their records may have a suspended license or have difficulty obtaining a license, affecting suitability for military service.
- Individuals with criminal records may have difficulty obtaining security clearances
Despite popular belief, the military isn’t looking to accept anyone and everyone just to boost their numbers. They care greatly about the quality of the recruits that apply. A DUI is often a serious enough offense that it can bar you from entry into the armed forces.
What Counts as a DUI for Military Service?
The military is more strict than other employers. If you were arrested and convicted for breaking the laws outlined in the California Vehicle Code (CVC) §23152, your DUI charge will count against you. The military will consider you to be a DUI offender if:
- Were found guilty
- You pleaded No Contest to receive a reduced sentence
- You received a wet reckless conviction instead of DUI
- You were convicted, but you’ve had the DUI expunged
If one of the statements mentioned above applies to your situation, your DUI may appear on your permanent record, which will be viewed by the military branch you apply to. It’s important to note that a DUI will not count against you if you were found not guilty or if your conviction was later completely reversed by another court decision.
What If My DUI Conviction Was Only for a First Offense?
Most attorneys agree that even if your DUI was a first offense or misdemeanor, the military still has very good reason to reject your application. If you wanted to apply to an officer candidate school, the chances of acceptance are even lower. This is true for virtually every branch of the
military.
Just because your DUI conviction was your first time doesn’t mean you’ll be able to join the military. That said, you may have the option to go through a waiver process. A skilled lawyer can explain the waiver process and help you navigate it effectively.
Joining the Military With a DUI Waiver
While it’s unlikely that you’ll be able to join the military with a DUI, there’s a chance you can get a DUI waiver and enlist in a branch of the armed services. You are most likely to get your DUI waived if:
- You have completed all aspects of your sentence and probation
- Your DUI wasn’t a felony
- No one got hurt in your DUI
There is no hard and fast rule to DUI waivers. The best thing you can do is talk to your recruiter about your DUI and ask them what they recommend. In some cases, a recruiter will take up your case and help you get your waiver approved. Remember, what you tell your recruiter about your DUI is confidential, and they cannot share it.
Is It Hard to Get a DUI Waiver Approved?
In the past, it was common for recruits with DUIs to get approved for waivers. This was especially true during the Gulf War of the 1990s and after the events that took place on September 11th. While the need for troops does not guarantee that a DUI will get waived, it does make the military much more flexible in who they accept.
Today, unfortunately, that situation has reversed. Reduction in Force (RIF) programs have gone into effect to help the military meet budget targets now that the U.S. armed forces have exited from Afghanistan and Iraq. In other words, the military has less need for troops and has rejected many DUI waivers.
Unless there is a crisis or the country is in a state of total war, there’s not a high chance that your DUI waiver will get accepted. Even if you put in a lot of effort to get your waiver accepted, you shouldn’t expect a positive outcome. That said, there’s still a chance you can join the military with a DUI waiver.
A skilled lawyer can assess your situation and determine if you should move forward with the waiver process.
How To Avoid a DUI Conviction in the First Place
While you do have the option to request a DUI waiver, the simplest course of action is to avoid getting convicted of a DUI in the first place. To do so, you’ll want to hire an experienced DUI lawyer from Los Angeles. They’ll be able to fight your charges and protect your right to serve your country.
To give yourself the best chance possible of avoiding a conviction, make sure to hire an attorney as soon as possible. The longer you wait to speak to a lawyer, the more likely important evidence will get lost or destroyed. Hiring an attorney soon will also give them the time they need to build a compelling defense case on your behalf.
How a Skilled DUI Lawyer Can Fight Your Charges
Instead of trying to join the military with a DUI, it’s much easier to fight your DUI charges and then apply to a branch of the military with a clean permanent record. A lawyer can help you avoid a serious conviction by taking the following actions:
- Conduct an investigation and examine all evidence including reports, Blood Alcohol Level (BAC) tests, and witness statements
- Use evidence to challenge the prosecution’s evidence and build a strong defense strategy
- Negotiate a plea deal with prosecutors
- Work with witnesses to gather testimony for your case
- Represent you in court and present compelling legal arguments
- Fight to get your charges reduced or dropped
- Keep you updated on your case and answer any questions you have
How to Find the Right Attorney for Your DUI Case
If you want to join the military but are facing DUI charges, you’ll want to find an attorney you can trust with your case. To do so, you’ll want to research which attorneys have the experience and skill sets required to win your case. When interviewing potential legal representatives, make sure to ask them the following questions?
- “Can you describe your experience handling DUI cases?”
- “How do you typically approach DUI defense strategies?”
- “What is your success rate with DUI cases?”
- “Will you handle my case personally or delegate it?”
- “How often will we communicate about my case?”
- “What potential outcomes do you foresee for my case?”
- “Can you provide references from past DUI clients?”
If an attorney provides satisfactory answers to the above-listed questions, they’re most likely a good fit for your case. Remember, finding the right attorney for you can dramatically improve your chances of getting your charges dropped, allowing you to pursue the career of military service you’ve always dreamed of.
Talk to a Los Angeles DUI Lawyer for Free
Facing a drunk driving conviction can be incredibly stressful and may even impact your career path. If you’ve been charged with impaired driving and are wondering if you can join the military with a DUI, it’s critical that you get in touch with an experienced attorney.
Contact Los Angeles DUI Lawyer today to learn more about your legal options and get the information you need to protect your permanent record. We’ll answer any questions you have and provide the resources you need to avoid a life-altering conviction. We look forward to hearing from you soon.
