DUI/impaired driving in CF (merged)

[JimmyJazz123]

Im in the forces and I've just been charged with a DUI. Just wondering what happens next.

 

[Eye In The Sky]

Likely an Admin Review.  Wait one, there was another thread on this not long ago...and I'll see if I can't dig up the DAOD.  Had a buddy just go through this not long ago.

 

[Eye In The Sky]

DAOD 5019-7, Alcohol Misconduct

DAOD 5019-2 Admin Review

And a short thread on AM - Admin Review from not long ago.

When the SHTF for my buddy I also reviewed the Business Process document used by D Mil C/DCMA (IIRC) and condensed the 17 pages doc to a 2 Page "aide memoire".  I think I still have it saved at work, if so I'll PM you it tomorrow.

You will likely also be required to be assessed by an Addictions councellor, etc, so a proper medical assessment can determine if this is part of a larger problem or a 'one time stupid mistake' kind of thing.

Each case is assessed on its own merit/facts, with whatever contributing/mitigating circumstances taken into account.

 

[gcclarke]

One key thing to note is the following:

A CF member is required to report:

their arrest by a civil authority, in accordance with QR&O article 19.56, Report of Arrest by Civil Authority

 

[McG]

Each case is assessed on its own merit/facts, with whatever contributing/mitigating circumstances taken into account. 

That being said, the CF expectation is that a DUI = C&P as the start state.  There need to be pretty significant mitigating factors to bring the resultant remedial measure down from that.

 

[Eye In The Sky]

Which is what happened in the case I am referring to; C & P.  Also, he plead guilty to the charge in Provincial Court and all of the normal events that would go with that.

 

[Nfld Sapper]

And your 404's will be lifted too.....

 

[Journeyman]

You've completely written off any chance of getting that MSE Safe Driver award this year.  :nod:

 

[TN2IC]

You've completely written off any chance of getting that MSE Safe Driver award this year.  :nod:

Ha! Made my day. That award is BS anyways.

 

[donaldk]

JimmyJazz123 ,

Ensure you keep your divisional supervisor/officer updated through the process.  The quicker you give them copies of your Breathalyzer tickets (or certified result declaration from the tech) and the 'other' paperwork given to you from the local PD, the Admin Review (AR) can start and finish.  DMCA 2 will release a message announcing the commencement of your AR and it will details the circumstances career wise (e.g. entitlement to promotion, career coursing, posting) during the time you are under AR.  Your CO will have input on the draft AR file (with his recommendation to retain you in the CF or to initiate release) before it hits DMCA for initial assessment. Most times while under AR (and the C&P to follow), you cannot be posted, promoted, or loaded on any career courses.

I had a couple subordinates caught with DUI on my last posting:

One of my subordinates (at the rank of Ordinary Seaman) got f***ed over by my predecessor and his AR was stalled for almost 2 years until I got a hold of the file, restarted it and rocketed it through the chain and DMCA to get his 6-months C&P started, meanwhile he was restricted from being promoted to his AB, and lost out on four opportunities to get on his next trades course.  There is a technicality issue still ongoing in the courts over the timings of when the Breathalyzer samples were collected which will probably cause the DUI criminal charges to get tossed (because proving beyond a reasonable doubt is difficult).  But DMCA's take on it was the fact that he was caught DUI behind the wheel by the police, and subsequently blew over 0.08 twice signed off by a certified Breathalyzer technician within a few hours while under custody.  As with an AR, proving beyond a reasonable doubt is NOT required (i.e. exact timings of when the samples are not of concern, only that they were pulled after the incident prior to the police releasing the member from the local lockup).  The only way the member could get the AR/C&P removed from his file (after I heavily discussed with DMCA on this), is if the trial judge declares in his verdict that the Breathalyzer machine itself was broken or the technician did a bad sample pull, then the AR/C&P will be deleted from his PERS file.

 

[McG]

There is also precedent to kick guys out of the CF for driving with a licence suspended from a DUI.  If you don't abide by the civilian punishment and rehabilitation, the CF will look upon it as you don't care and have breached the DUI C&P.  I have even seen the C&P skipped because the guy was driving while suspended before the initial AR was even complete.

 

[JimmyJazz123]

So it turns out it wasn't a full DUI with criminal charges. I was charged under the motor vehicle act so it's just an administrative punishment that comes with about $4000+ of fees and so on.  Much better!

 

[Kat Stevens]

But you're still subject to the military double jeopardy machine.

 

[Nfld Sapper]

Remember you must report this incident to your CoC.......

Still expect your 404's to be lifted until you complete a DDC course (I believe)....

 

[Occam]

But you're still subject to the military double jeopardy machine.

For an MVA Summary Offence ticket?  I'd have to check the Driver's Handbook (the CFTO, that is) to see if he even has to report the accident to Base Transport, but I don't think he does...assuming there's no licence suspension involved, of course.

 

[eliminator]

What about a 24hour roadside licence suspension?  Would that require involvement by the CoC, or does it fall into the speeding ticket/parking ticket category?

 

[Occam]

What about a 24hour roadside licence suspension?  Would that require involvement by the CoC, or does it fall into the speeding ticket/parking ticket category?

For what offence?



From Transportation Directive 532 (TD 532), part of A-LM-158-005/AG-001 Transportation Manual:

TD 532
PROVINCIAL DRIVER’S LICENCE
SUSPENSIONS – MILITARY

Ref: DAOD 2007-0

1. This directive is to be read IAW
A-LM-158-005/AG-001. The following instructions are
in addition to the PDL suspension policy listed in
Chapter 5, Section 3.

2. CF members who are required to operate a
DND vehicle in the performance of their duties must
be in possession of a valid Driver Permit (DND 404).

3. CF members who are issued a DND 404
shall immediately report any suspension or
cancellation of their provincial driver’s licence to their
supervisor who in turn shall inform the TA. CF
members who have had their PDL suspended will
automatically lose their DND 404 for a period at least
equal to the period of suspension imposed by
provincial authorities, or a greater period if
necessary.

4. In addition to the above, the TA has the
authority to suspend a DND 404 at any time should
they or the service member’s CO consider such
action necessary in the interest of safe vehicle
operation.

5. Driving offence means a driving offence
under the Criminal Code of Canada, a Provincial
Highway Traffic Act or the National Defence Act.

6. In those cases where driving duties are a
requirement of their position, the member may face
career action. If the suspension of the DND 404
precludes the member from performing the member’s
duties, the CO will refer the case to NDHQ/D Mil C
for Career Review Board (CRB) consideration.
Depending upon the member’s Military Occupational
Structure Identification (MOSID) and individual
circumstances, the CRB may decide in favour of
retention (with or without restriction), reassignment,
or release. If the CRB decision is to retain the
member, the CO may reinstate the DND 404, once
the period of suspension has expired; if the driving
offence was alcohol or drug related, action in
accordance with HCFAO 19-21, Drug Abuse or
HCFAO 19-31, Misuse of Alcohol as applicable, shall
be considered.

7. Upon being convicted of a driving offence
resulting in a first suspension or restriction of a
provincial driver’s licence, or following an
administrative decision to suspend a CF member’s
DND 404, the CF member’s DND 404 shall be
suspended for a period equal to the suspension
awarded by provincial authorities. Additionally, the
following actions shall be taken:

a. The member’s chain of command shall take
appropriate administrative measures, which
may include: counselling and probation,
reassignment, demotion or a
recommendation for release.

b. The member shall be warned in writing of the
DND 404 suspension. A sample letter is
shown at Annex A.

8. Once the DND or civil imposed period of
suspension has expired, and the member is free from
all restrictions, (i.e., inter-lock condition), the CO may
reinstate the member’s DND 404 once the:

a. member’s unit has requested a Provincial
Driver Abstract and submitted it to the TA for
review;
b. member has successfully passed a written
Driver’s Information Test and Supplementary
Test;
c. member has successfully passed a practical
driving test; and
d. member has completed the Defensive
Driving Course.

SUSPENSION OF DND 404 FOR CARELESS
DRIVING

9. Immediately upon receipt of a report of a
collision or of an alleged incident of careless driving
on the part of a military member, the CO, after
considering the degree of negligence, and having
regard to the member’s driving record may:

a. pending completion of an investigation, order
a temporary suspension of the member’s
DND 404; and/or
b. upon completion of an investigation, direct
the permit issuing authority to suspend the
member’s DND 404.

SUBSEQUENT PDL SUSPENSION

10. Upon being convicted of a driving offence
resulting in a second suspension of the member’s
DND 404 or provincial driver’s licence, the following
action will be taken:
a. The member’s DND 404 shall be suspended
for life.
b. If the suspension of the DND 404 precludes
the member from performing the member’s
duties, the CO will refer the case to NDHQ/D
Mil C for CRB consideration. Depending
upon the member’s MOSID and individual
circumstances, the CRB may decide in
favour of retention (with or without
restriction), reassignment, or release.
c. If the driving offence was alcohol or drug
related, action in accordance with HCFAO
19-21, Drug Abuse or HCFAO 19-31, Misuse
of Alcohol as applicable, shall be considered.

 

[MapleLeaf4Evr]

What about a 24hour roadside licence suspension?  Would that require involvement by the CoC, or does it fall into the speeding ticket/parking ticket category?

If you are referring to a 24 roadside suspension for exceeding a provincial legal alcohol limit (Blood alcohol over 40 mg% or 50 mg% depending on the province), in most provinces, there is likely no offence committed or charge, but an administative driver's license suspension would be issued.  As per para 3 of Occam's post, this would need to be reported through the CoC.

 

[McG]

What about a 24hour roadside licence suspension?  Would that require involvement by the CoC, or does it fall into the speeding ticket/parking ticket category?

Driving over the provincial alcohol limit is not like a parking ticket.  Under DAOD 5019-7, violating a provincial law or municipal by-law while under the influence of alcohol is a conduct deficiency involving alcohol - though considered less severe than alcohol misconduct, you can still find your self with RW or C&P as the result of such an incident.

 

[TN2IC]

And your 404's will be lifted too.....

This is correct. Until Ottawa gives a go ahead on the member in question. Their 404's will be lifted. We need Ottawa's green light, plus the local DMV clean bill before we even consider reissuing a DND 404. Once that happens, then the member has to do a DDC, SBC, DIT, and local Supplmental Test. Plus we reqr to submit a new file for a plastic DND 404.

DDC (Defensive Driving Course)
SBC (Safe Backing Course)
DIT (Driver Information Test)
Local Supp Test (Rules test of the local province)

Hope this helps somewhat,
Regards,
Macey