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DRUNK ON-DUTY

If you reasonably believe a member is drunk on duty, based upon either personal observation or the reliable report of another person who observed the member, NOTIFY YOUR CC IMMEDIATELY!

Please consult with SJA and/or use applicable directive(s) for specific guidance

If the observer was in a position to observe the breath, eyes, stance, walk or speech of the suspected intoxicated member, and is able to form an opinion that the member is intoxicated, that may be sufficient to take appropriate disciplinary or administrative action. A BAT (Blood Alcohol Test) is not required to prove intoxication.

Although a BAT is not required to prove the offense, if one is desired by your commander, to enhance the proof of intoxication, a Search Authorization (military equivalent of a civilian Search Warrant) is probably necessary before the BAT can be ordered, so the results can be admissible in any applicable disciplinary or administrative proceeding.

CONSULT WITH SJA IF YOUR COMMANDER WANTS TO ORDER A BAT OR URINE SAMPLE

In addition, drunk on-duty is usually not a civilian offense, so bringing the member to the local police to attempt to obtain a search warrant, is not a viable course of action.

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