I’m active duty military and had a DUI back in 2016. I refused the breath test during that incident. Recently, I refused a breath test on base in Japan after an officer claimed to smell alcohol. I got a ticket and have a base court date coming up. Does this count as a second ARI? What should I expect from this situation?
Refusing the test doesn’t automatically count as a DUI. Were you actually driving under the influence, or just suspected?
Harlan said:
Refusing the test doesn’t automatically count as a DUI. Were you actually driving under the influence, or just suspected?
They said they smelled alcohol, but I wasn’t really drinking. There was an old shot glass under the seat. IDK if that matters.
Harlan said:
Refusing the test doesn’t automatically count as a DUI. Were you actually driving under the influence, or just suspected?
Shot glass under the seat? They might use that as circumstantial evidence, but it’s not definitive.
If this goes to NJP, it could still count as a second ARI. Have you talked to your command or legal?
Ali said:
If this goes to NJP, it could still count as a second ARI. Have you talked to your command or legal?
Not yet, but I’m thinking of seeing DAPA or SARP. Would that help?
Ali said:
If this goes to NJP, it could still count as a second ARI. Have you talked to your command or legal?
Yeah, it’s always good to show initiative by talking to DAPA or SARP. Shows you’re taking it seriously.
What’s ARI? Sorry, I’m not familiar with all the acronyms.
Lex said:
What’s ARI? Sorry, I’m not familiar with all the acronyms.
It stands for Alcohol-Related Incident. Basically, anything involving alcohol that could impact your military record.
Lex said:
What’s ARI? Sorry, I’m not familiar with all the acronyms.
Got it, thanks! Sounds like it’s something serious for career progression.
For the base court date, it might just be about driving privileges. Still, you need to show up and present your side.
Fallon said:
For the base court date, it might just be about driving privileges. Still, you need to show up and present your side.
Makes sense. What should I expect if it’s more than that?
Fallon said:
For the base court date, it might just be about driving privileges. Still, you need to show up and present your side.
If it’s NJP and they decide it’s a second ARI, you might face separation. Be ready to contest it if needed.
Two ARIs often mean they’ll process you out, but you can fight it depending on the evidence.
Jordy said:
Two ARIs often mean they’ll process you out, but you can fight it depending on the evidence.
Good to know. I’ll definitely try to contest if they go that route. Thanks for the advice!
Jordy said:
Two ARIs often mean they’ll process you out, but you can fight it depending on the evidence.
Also, if it’s just a ticket and no DUI charge, you might avoid that second ARI. Fingers crossed for you.