[Title 32 CFR 634.14]
[Code of Federal Regulations (annual edition) - July 1, 2004 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter I - LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS]
[Part 634 - MOTOR VEHICLE TRAFFIC SUPERVISION]
[Subpart B - Driving Privileges]
[Sec. 634.14 - Alcohol and drug abuse programs.]
[From the U.S. Government Printing Office]
3242004-07-012002-07-01trueAlcohol and drug abuse programs.634.14Sec. 634.14NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSMOTOR VEHICLE TRAFFIC SUPERVISIONDriving Privileges
Sec. 634.14 Alcohol and drug abuse programs.
(a) Commanders will refer military personnel suspected of drug or
alcohol abuse for evaluation in the following circumstances:
(1) Behavior is indicative of alcohol or drug abuse.
(2) Continued inability to drive a motor vehicle safely because of
alcohol or drug abuse.
(b) The commander will ensure military personnel are referred to the
installation alcohol and drug abuse program or other comparable
facilities when they are convicted of, or receive an official
administrative action for, any offense involving intoxicated driving. A
first offender may be referred for treatment if more evidence of
substance abuse exists than merely the offense of intoxicated driving.
The provisions of this paragraph do not limit the commander's
prerogatives concerning other actions that may be taken against
offenders under separate Service policies. (Army, see AR 600-85; Marine
Corps, see MCO P5300.12.)
(c) Active duty Army personnel apprehended for drunk driving, on or
off the installation, will be referred to the local Alcohol and Drug
Abuse Prevention and Control Program (ADAPCP) for evaluation within 10
days to determine if the person is dependent on alcohol or other drugs
which will result in enrollment in Track I or other level of treatment
in accordance with AR 600-85.
(d) Active duty Navy personnel apprehended for drunk driving, on or
off the installation, will be screened by the respective CAAC facility
within 10 days to determine if the individual is dependent on alcohol or
other drugs. Active duty Marines apprehended for intoxicated driving, on
or off the installation, will be referred for interview by a Level II
substance abuse counselor within 10 days for evaluation and
determination of the appropriate level of treatment required subsequent
to this evaluation, the Marine will be assigned to the appropriate
treatment program as prescribed by MCO P5300.12.
(e) The Services may develop preventive treatment and rehabilitative
programs for civilian employees with alcohol-related problems section
4561, title 42, U.S. Code (42 U.S.C. 4561).
(f) Army supervisors of civilian employees apprehended for drunk
driving will advise employees of ADAPCP services available. Army
civilian employees apprehended for intoxicated driving while on duty
will be referred to the ADAPCP for evaluation in accordance with AR 600-
85. Army commanders will ensure that sponsors encourage family members
apprehended for drunk driving to seek ADAPCP evaluation and assistance.
(g) Navy and DLA civilian personnel charged with intoxicated driving
will be referred to the Civilian Employee Assistance Program for
evaluation in accordance with FPM Supplement 792-2. Such referral does
not exempt the
[[Page 43]]
employee from appropriate administrative or disciplinary actions under
civilian personnel regulations.
(h) Marine Corps civilian employees charged with intoxicated
driving, on or off the installation, will be referred to the Employee
Assistance Program as prescribed by MCO P5300.12. Marine dependents
charged with intoxicated driving, on or off the installation, will be
provided assistance as addressed in MCO P5300.12. Such referral and
assistance does not exempt the individual from appropriate
administrative or disciplinary action under current civilian personnel
regulations or State laws.
(i) For Army, DLA, and Marine Corps, installation driving privileges
of any person who refuses to submit to or fails to complete chemical
testing for blood-alcohol content when apprehended for intoxicated
driving, or convicted of intoxicated driving, will not be reinstated
unless the person successfully completes either an alcohol education and
treatment program sponsored by the installation, State, county, or
municipality, or a private program evaluated as acceptable by the
installation commander.
(j) For Navy, on-base driving privileges will not be reinstated for
Navy personnel convicted of driving under the influence, on- or off-
base, unless the person completed the full 36-hour Navy Alcohol and Drug
Safety Action Program (NADSAP). The condensed NADSAP supervisor course
will not be used for this purpose.