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DUI arrest but not charged

agua1986

New Member
Hey,


I was recently (two weeks ago or so) arrested on suspicion of DUI but I am not going to be charged. I received a letter from the DA saying "I have no pending charges nor any future charges".

Further background info:
I originally was applying for both the AF and Navy but the AF selection board was first so I just kept up with the AF. I was selected for OTS and was scheduled to leave to start OTS last month. However, a week before I was supposed to leave I was pulled over and subsequently arrested on suspicion of DUI. A week later I received a letter from the DA stating, "I have no pending charges nor any future charges". Basically, I was arrested but the charges were never filed due to lack of evidence and it being a bad arrest on the part of the officer. However, the AF didn't like the fact I was arrested and took my OTS slot. I was wondering what the outlook would be on applying for Navy OCS.

Any of advice would be helpful. Thanks for your time.
 

Brett327

Well-Known Member
None
Super Moderator
Contributor
The question is, why are you getting pulled over on suspicion of DUI? You need to either learn to drive, or stop drinking and getting behind the wheel. That is, no doubt the underlying cause of you getting dropped from OTS. All services can afford to be very picky these days with their applicants. For every guys who has had legal issues, there are 20 others who haven't and are just as qualified. Who would you pick?
 

agua1986

New Member
The question is, why are you getting pulled over on suspicion of DUI? You need to either learn to drive, or stop drinking and getting behind the wheel. That is, no doubt the underlying cause of you getting dropped from OTS. All services can afford to be very picky these days with their applicants. For every guys who has had legal issues, there are 20 others who haven't and are just as qualified. Who would you pick?
I was pulled over by a campus police officer leaving an area near campus where all the bars are located. I had two beers and was scared ( I had never been pulled over in my life and I was a week away from leaving) and didn't know what to do.
 

agua1986

New Member
edit: Brett beat me to it.
The officer's exact words were " You rushed through that left turn". Then made me do a field sobriety test. I failed and now I'm here. Like I said, the DA didn't even file the charges. It was just an arrest.
 

robav8r

Well-Known Member
None
Contributor
The officer's exact words were " You rushed through that left turn". Then made me do a field sobriety test. I failed and now I'm here. Like I said, the DA didn't even file the charges. It was just an arrest.

I can tell nothing Brett said was absorbed into your brain housing unit. The fact that you were arrested is enough cause for the AF to drop you. Make sense ?
 

exNavyOffRec

Well-Known Member
It will still show up on your record as an arrest, you must disclose it, and you would have to explain why you were dropped from the AF program, and why you make poor choices.
 

Tomodachi

Member
pilot
If you were in the military and got in the same situation that would be enough to go to captains mast for Article 111. It would not have mattered that the police department did not go through with charging you for the crime. Two beers is not likely going to get you past .08 (unless they were 40s) so thats why they let you go. If you were in the military that is pretty much a career killer. Next time call a cab or get a designated driver no matter how many drinks you have had.
 

TAMR

is MIDNIGHT
pilot
None
Hey,


I was recently (two weeks ago or so) arrested on suspicion of DUI but I am not going to be charged. I received a letter from the DA saying "I have no pending charges nor any future charges".

Further background info:
I originally was applying for both the AF and Navy but the AF selection board was first so I just kept up with the AF. I was selected for OTS and was scheduled to leave to start OTS last month. However, a week before I was supposed to leave I was pulled over and subsequently arrested on suspicion of DUI. A week later I received a letter from the DA stating, "I have no pending charges nor any future charges". Basically, I was arrested but the charges were never filed due to lack of evidence and it being a bad arrest on the part of the officer. However, the AF didn't like the fact I was arrested and took my OTS slot. I was wondering what the outlook would be on applying for Navy OCS.

Any of advice would be helpful. Thanks for your time.

I agree with what has been said above, but I'll tell you this. I have several alcohol related citations I received as a minor, and I am still going up for the April board. I just had a security interview that was generated because of those charges in which I fully disclosed what, why, when how etc of each of those citations. I know very well that someone who is identical to me in stats but doesn't have that kind of charge will get picked over me, but that hasn't stopped me from applying.

Yeah, you may have issues getting in, and it may be a career stopper; but the worst they can say is no. Don't waste time thinking about the "what are my chances" aspect; spend time making up for it with good grades, high ASTB scores etc. At least if they say no you know that you gave yourself every possible chance to get accepted.
 

Moc1Sig

Active Member
pilot
Contributor
Disclose it, the paper work will be a pain, but apply anyways. If you are accepted, paper work will continue to be a pain, painful price, but a firm reminder to always have a plan if you are drinking and discourage any of your buddies or anyone else to drive at all... Because people in and out of the service still make poor decisions, risking all they have achieved.
 

eas7888

Looking forward to some P-8 action
pilot
Contributor
I was pulled over by a campus police officer leaving an area near campus where all the bars are located. I had two beers and was scared ( I had never been pulled over in my life and I was a week away from leaving) and didn't know what to do.
The officer's exact words were " You rushed through that left turn". Then made me do a field sobriety test. I failed and now I'm here. Like I said, the DA didn't even file the charges. It was just an arrest.

To me, that still shows a poor choice. You knew you would be drinking, and you didn't have a plan to get home that didn't involve you driving. Were you drunk? Probably not. . .but was there enough reason for the officer to suspect you might be? Yes. Unfortunately, perception is reality in the application process. The best thing you can do now is keep your hands clean and put together an application. People have been accepted into the Navy for worse, but as others have pointed out, the Navy doesn't have a shortage of applicants right now and the board will probably be very competitive. Do your best and see what happens, you'll never know unless you apply.
 

exNavyOffRec

Well-Known Member
To me, that still shows a poor choice. You knew you would be drinking, and you didn't have a plan to get home that didn't involve you driving. Were you drunk? Probably not. . .but was there enough reason for the officer to suspect you might be? Yes. Unfortunately, perception is reality in the application process. The best thing you can do now is keep your hands clean and put together an application. People have been accepted into the Navy for worse, but as others have pointed out, the Navy doesn't have a shortage of applicants right now and the board will probably be very competitive. Do your best and see what happens, you'll never know unless you apply.

In addition you don't have to be "drunk" to be charged, several states have driving while impaired, you can be .02 but if you show impairment your done, there was a story last year in Navy Times where a CO was relieved, he blew like .04 and was still charged because he was impaired.

There are a few things that help with law violations, the less the crime is the better and time from when it happened.
 

mjv305

ENS SNA
I see what some are saying, but in the end of the day, he was not charged. I had a guy in my command get pulled over and got arrested for dui. He was not drunk, he was on medication given by doctor. In the end he did not get charged, the case was dropped and he never went to captains mast. Being arrested and being charged are two completely different things. To take it to the extreme you get arrested for suspsion of murder but dont get charged, absolutely nothing happens. It happened to my friend. He went to the jail and was released a few hours later. Wrong place wrong time. His record is clean just like the OP. I dont see why it would matter. When the app says police record, he can honeslty say no.
 
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