Legal Question in Military Law in Illinois

I am a drilling reservist with 3 years left on my contract. I got a DUI over a drill weekend couple of weeks ago. After couple of hours at the police station, I was freed and I went to drill not wanting to miss it. I have a court date next month and if it doesn't go the way I want it to be, I will get court supervision/license suspension for 6 months. I am planning on getting my record expunged afterward. The arresting officer told me that my command will not find out about this because it is between "me and him". I'm not sure what he means by this. Will my command find out?


Asked on 2/14/10, 9:54 pm

1 Answer from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

I don't know if the command will find out. I suppose that if you have a security clearance, they might in the future, and then the issue arises as to whether you had an obligation to inform. I think that in normal circumstances, the Fifth Amendment would apply. There is an issue as to whether this is a military offense as well, as it appears that you were in a drill status subject to the UCMJ at the time of the DUI.

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Answered on 2/23/10, 10:04 am


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