Can You Join the Military with a DUI? click for a free consultation

Posted on January 30, 2026 in assault & violent crimes

Even a single DUI on your record can prevent you from a military career in the U.S. armed forces. Depending on which branch you are considering, this may not be an absolute bar to enlistment.

In this post, we consider how the U.S. military views a prior DUI when evaluating your suitability to join, and what you can do if you have a DUI on your record.

If you have been charged with a DUI, the Rosenstein Law Group can help you fight it. Call our law office at (480) 248-7666, or contact us online to speak with an experienced Arizona DUI defense attorney.

What is the Military Policy About a Prior DUI on Your Record?

The general rule in the United States armed forces is that a DUI can be a bar to enlistment because it is a form of misconduct. The reasons why include:

• A DUI can show up on your public record as a criminal court conviction, and having a criminal record of any kind, especially a felony-level offense, can be a significant obstacle to joining. This can make an aggravated DUI on your record especially problematic.
  
• The military does not want to enlist people as military service members who have substance abuse problems, and military officials commonly associate DUIs with alcohol or drug abuse.
  
• A DUI that appears on your criminal record can affect your ability to qualify for a security clearance.
  
• A DUI can have a negative impact on the military’s belief in your ability to accept the strict standards of discipline and personal judgment required in military life.

Still, a DUI conviction is not necessarily an automatic disqualification. But under some circumstances, military recruiters may look past this zero-tolerance policy in the enlistment process and permit you to sign up even if you have a DUI from your civilian days.

How Can You Enlist With a DUI?

The starting point in your military service application is a background investigation. You are obligated by military regulations to inform the military of any convictions you may have had in your past, including alcohol-related incidents. Failure to do so can result in disqualification or discharge for fraudulent enlistment, so your best course of action is to be truthful.

If you have a DUI on your record, this can make it harder to enlist, but not necessarily impossible. You can apply for a moral character waiver request. How successful your waiver request may be depends on multiple factors, including:

• How badly the military needs recruits. If the United States needs a larger military force, like it did during the Cold War, or if it is experiencing recruiting shortfalls like it was in the early 2020s, it might enforce the no-DUI policy less strictly. But when it is able to meet its recruiting goals, getting a waiver can be harder to realize.
  
• The service branch you are seeking to join. The army is the most lenient in accepting waivers, while the other military branches, including the Navy, Air Force, Marine Corps, Space Force, and Coast Guard, are less so.
  
• How many DUI cases are on your record. Even if you made a no-contest plea to a first-time DUI arrest, a military recruiter is still likely to treat it the same as a conviction. If you have two or more DUIs, repeat offenses will make it much more difficult to successfully obtain a DUI waiver.
  
• Whether the DUI was a felony or a misdemeanor. An Arizona aggravated DUI is a felony-level offense and will almost always require a felony waiver, which is rarely approved. Also, if anyone was injured in connection with the DUI offense, this will have a negative impact on your waiver chances.
  
• How long ago the DUI conviction occurred. The further back in your past the conviction is, the less of an impact it will have on present-day assessments of your character and your judgment. You will probably have to wait at least one year, and possibly up to five years, after a DUI civilian court outcome before attempting to join the military.
  
• Whether you have satisfied all sentencing requirements. You must complete all your sentence requirements before requesting a waiver.
  
• Whether you have any other blemishes on your record since the conviction. A single, isolated DUI incident, particularly one that occurred in the distant past, may be viewed more leniently as an isolated instance of poor judgment compared to multiple DUI convictions.

Waiver requests are not a guaranteed way of getting around the general enlistment bar for a DUI. 

They are evaluated on a case-by-case basis that considers both mitigating factors and aggravating ones. The process often requires comprehensive documentation, a demonstration of rehabilitation efforts, and strong character references. 

You should talk to your recruiter about your DUI. In some cases, the recruiter will take up your case and help you get your waiver approved.

How Can a DUI Defense Attorney Help You in the Military Enlistment Process?

As we have shown above, having a DUI conviction as a criminal offense on your record can make your effort to enlist an uphill battle. A skilled lawyer can assess your situation and help you decide if you should move forward with the waiver process, including investigating the possibility of having your conviction set aside or sealed.

Your DUI defense attorney may also be able to help you in the waiver process by helping with the circumstances surrounding your DUI and the steps you have taken towards rehabilitation.

Set Aside and Record Sealing

Perhaps a better role your DUI defense lawyer can play is to possibly help you avoid the effect of a DUI conviction. As an alternative to seeking a waiver, if you qualify you may seek to keep a DUI conviction from showing up on a background check by having it set aside or sealed.

Set Asides in Arizona

Under Arizona law the effect of having a DUI set aside is that if you complete all the terms and conditions of your sentence, including jail time or probation, fines, restitution, counseling, community service, and ignition interlock requirements, then the court will vacate the DUI judgment against you and dismiss the conviction.

A set aside takes about four to six months to become effective. It does not completely erase the DUI from your record, but only courts, law enforcement, and some licensing boards will be able to see it. 

Sealing a DUI Conviction

If you have a misdemeanor DUI on your record, then you may be able to have it sealed. The effect of having a conviction sealed is similar to having a conviction set aside in that only courts, law enforcement, and some licensing authorities will be able to see your record of conviction. 

A waiting period of three years is required before you can request a first-time DUI on your record to be sealed. 

Neither a set aside nor a record sealing will remove a DUI from your record with the Arizona Motor Vehicle Division. Whether a set aside or record sealing is available for you, and which may be the better option for you,  is something that your DUI attorney can help you to evaluate. In most cases for first-time DUI offenses a set aside is the most likely option to attempt.

Call the Rosenstein Law Group to See What Your Options Are if You Have a DUI on Your Record

At the Rosenstein Law Group, our Arizona DUI defense attorneys are dedicated DUI defense specialists with more than 150 years of combined legal experience representing thousands of clients and hundreds of jury trials.

We have two of the only five board-certified DUI attorneys in Maricopa County. We have achieved many significant criminal defense law victories, including case acquittals, dismissals, reduced charges, and probation. Our entire focus is on minimizing the legal consequences you may face in the short and long term from a DUI charge.

Call us at (480) 248-7666 or use our online contact form to speak with one of our experienced Arizona DUI defense attorneys in a free consultation.