Will You Get Discharged From the Military for Getting a DUI or Going to Drug Rehab?
Getting a ‘driving under the influence’ (DUI) charge or testing positive on a urinalysis while in the military can be terrifying. Unfortunately, it’s a scenario some active duty military members face. Rates of active substance use in the military range as low as 8.6% to as high as 15%.
If you’re an active-duty member of the armed forces and are suddenly facing a DUI or an urgent need for addiction treatment, it’s important to know that there is help available. Policies that offer treatment as opposed to punishment are now standard in the military. But, it’s important to speak out early to prevent legal issues and active addiction from negatively impacting your military career.
Will the Military Find Out About My DUI?
The short answer is yes, your current command or recruiter will most likely know about your DUI charges. Whether you received a DUI prior to joining the military or after will greatly impact your overall military career. Here's how to handle both situations.
DUI Prior to Joining Military
Before joining the military, prospective service members are required to disclose any prior arrests or convictions. This information is typically obtained through a background check and self-disclosure form.
Whether your DUI was an unfortunate ‘one-off’ incident due to unfortunate timing or circumstances, or part of a bigger underlying alcohol abuse issue, it's important to share this information with your recruiter. The military will most certainly find out about the DUI charge, so not disclosing it could prove costly down the road.
HIPAA and Medical Records
In addition to prior arrests, the military will also want information on past and present medical issues. Substance abuse is considered a medical issue that might affect your ability to perform in the military, and therefore may impact your eligibility.
It's important to know that, unlike criminal records, medical records have different levels of privacy. Under the Health Insurance Portability and Accountability Act (HIPAA), your medical records are protected from being shared without your consent.
However, in certain cases, such as with a DUI charge, military officials may be able to access your medical records if they deem it necessary for determining your eligibility. It's best to be upfront about any past or present substance abuse issues during the recruitment process.
Even if you don't have a DUI but still suffered from alcohol abuse in the past, it's important to disclose this information. The military has a zero-tolerance policy for substance abuse and failure to disclose any prior issues can result in negative consequences, or even discharge.
Can't I Lie About My Medical Past?
While some recruiters might encourage future service members to lie (even using the adage NO means new opportunities) during the MEPS (Military Entrance Processing Station) process, it's important to know that lying about your medical history can have serious consequences.
In addition to possible discharge, issues like addiction rarely go away with only one course of treatment. Stressful environments like the military could bring up old habits, negatively impacting your performance and potentially putting yourself and others at risk.
Honesty is the best policy when it comes to disclosing medical history during the recruitment process. By being upfront about any past issues, like addiction or a DUI charge, you can work with your recruiter to determine if you are still eligible for service or if you need additional treatment before enlisting.
DUI During Active Duty
Getting a DUI after joining the military is a different story. Your chain of command will always be notified if you are charged with a DUI, even if it happens off-base and on personal time.
Depending on the severity of the charge and your command's policies, you could face disciplinary action such as:
- Loss of rank
- Loss of pay
- Extra duties
- Court martial
- Negative impact on security clearance
- Discharge from the military
If you do find yourself facing a DUI while serving in the military, it's important to seek legal counsel immediately and be prepared to face consequences from both your unit and any potential criminal charges.
While a DUI in the military might seem scary, the good news is that, according to the Department of Defense, updated military policies now encourage treatment for service members as opposed to immediate discharge. The military has been criticized in the past for punitive treatment of substance abuse issues by its members and has even faced a lawsuit accusing it of violating the rights of veterans by dishonorably discharging them for substance issues.
If you are charged with a DUI, your command will most likely talk to you about possible treatment options. They will want to know if you have any previous instances of alcohol or substance use, and if you are willing to seek help. If you want to seek help, there are several resources available.
Help for Active Duty Service Members with Addiction
Addiction treatment can take several forms while in the military. These include the following.
Inpatient Treatment
Inpatient treatment is the most effective treatment option for service members who are in active addiction. If you received a DUI or tested positive on a drug test, you might be referred to inpatient treatment if you need medical care to detox or require more intensive treatment than outpatient care can provide.
Inpatient treatment can last anywhere from several weeks to several months. Different branches have different referral processes for inpatient treatment, such as the Air Force’s ADAPT program. During the referral process, your command will determine which inpatient treatment program is right for you and, potentially, how long it will last.
Your command will want to know about status updates and how the treatment is going. While it may seem invasive, keeping your command informed and closely tied to your recovery goals can improve your chances of recovery. Working with your command is also crucial for service members who still want to stay in the military after inpatient treatment.
Outpatient Treatment
Outpatient treatment is a good option for service members who want to continue to perform their duties while receiving care. This type of treatment might include individual counseling, group therapy, medication management, or a combination of these.
The length of outpatient treatment varies depending on your needs, addiction treatment, and while in the military, how long you'll be able to attend treatment sessions. Chances are you won't be able to deploy while in outpatient treatment, so you'll be able to attend counseling sessions.
If you can't attend regular outpatient treatment, your command might recommend meeting with a chaplain or using counseling services within the military. The ultimate goal is to help you receive the care and support you need to overcome your addiction while still maintaining your military career.
Coming Clean
It's essential to remember that seeking help for addiction is not a sign of weakness but rather strength and courage. There are resources available for service members who want to seek help, whether they are active-duty or veterans.
The sooner you can self-report on your addiction and seek treatment, the better your chances of recovery. Not only can seeking help early on prevent legal issues like DUI, but it can help you complete treatment while in the service so you can continue a successful career in the military. Asking for help could, in the short and long run, save your life and career.
About the Author
Mark Gladden is a U.S. Veteran-in-recovery who has been serving the recovery community of San Diego for a decade as Founder and CEO of Present Moments Recovery, a leading addiction treatment program for adults in San Diego. We care for adults for up to 1 year in our residential program. If you're looking for help to battle addiction and live a sober life, contact Present Moments Recovery at (619) 367-4767.
