Chaptered our for disobeying no drinking order

Icantfindmykeys

Icantfindmykeys

New Member
Jurisdiction
Texas
Around four months ago I was put into ASAP, this past weekend I went out with friends had a couple drinks (not to the point of being belligerent) and my buddy exchanged some words with an officer because we were walking partially on the out skirts of the cross walk so he said he was going to get us for jaywalking for not fully using the cross walk, long story short he takes everyone in for public intoxication. The police never gave us a breathalyzer or read us our rights. Now the military is saying I am being chaptered out with the potential of an other than honorable discharge for going against the no drinking order for asap. What can I do to stay in the military or at least get a general discharge?
 
If it was THAT important to you then why were you drinking?

A "breathalyzer" is not necessary to determine if you've been drinking.
 
If staying in the military is that important to you then it should be worth whatever money you have to pay to a lawyer to defend you against the public intoxication charge.

If you can beat that or get it reduced to jaywalking or something else that's only a minor violation, the military might reconsider.

Remember this: Booze and stupidity are inseparable. Even the slightest amount in your system impairs your judgment. Being "hardheaded" means that your judgment will be the first to go the next time you are confronted by the police after drinking.
 
Unfortunately, defending against the public intoxication charge likely won't help prevent the military discharge. To fight that you will need legal assistance from within the military, or at minimum a very sincere meeting with your command staff.

If you were under orders to consume no alcohol then it does not matter if you were given a breath test, read your rights, or anything else. A police officer will testify you were clearly intoxicated and had consumed some amount of alcohol.
The public intoxication charge may be easy to defend as those offenses typically require some degree of incapacitating or inability to care for your own safety. Simply consuming alcohol and being in public is not illegal, nor is being drunk in public unless to the point you can't care for your own safety or the safety of others. Perhaps the statue in Texas is more strict, but I doubt it. Check the language of the offense and you will know how to defend against it.

Again, regardless how that turns out, you did consume alcohol in violation of your orders and will likely have a hard time convincing your command that you are not a liability. Don't be too proud to go to them and ask for help. It might be the only thing that saves your enlistment. Do speak with military counsel to see what more you can do, if anything.
 
Bye, Bye..... As they say in the military.... Yes the discharge you will get will suck big time in the future. Best thing to do. Go talk with JAG office like yesterday. See if they can get you into treatment program. but HURRY...
 
Icantfindmykeys said:
Around four months ago I was put into ASAP, this past weekend I went out with friends had a couple drinks (not to the point of being belligerent) and my buddy exchanged some words with an officer because we were walking partially on the out skirts of the cross walk so he said he was going to get us for jaywalking for not fully using the cross walk, long story short he takes everyone in for public intoxication. The police never gave us a breathalyzer or read us our rights. Now the military is saying I am being chaptered out with the potential of an other than honorable discharge for going against the no drinking order for asap. What can I do to stay in the military or at least get a general discharge?
Click to expand...

You were in ASAP - you violated the policy while participating in ASAP. Yes they can chapter you for violating it. Were you self referred or command referred?

Why the hell would you drink ANY alcohol if you are enrolled in ASAP? Obviously the military wasn't that important to you if you were willing to risk "a couple drinks" while in an alcohol program.

I would say in the current environment of the military you're pretty well screwed. You're getting chaptered.

No you didn't make a "bad mistake" you made a bad CHOICE. A mistake is forgetting to pick up dry cleaning. Missing a turn. Forgetting your homework. That's mistakes. Drinking alcohol while in a treatment program is a choice.

If I was your leadership I definitely wouldn't stick up for you and try to get you to stay in.
 

Share this page

Get a free case review from a lawyer
Back
Top