Issue Encyclopedia · Guideline J · Criminal Conduct
DUI / DWI (criminal charge)
What the decided record shows for this issue, computed from public DOHA hearing-level decisions. Descriptive history, never a prediction.
Official mitigating conditions in play
The formal mitigating conditions (by official paragraph) that case profiles identified on this issue, in cases that were granted vs denied. Extracted for a subset of cases; counts are cases, not percentages of everything. Read what each condition says.
| Condition | In granted cases | In denied cases |
|---|---|---|
| ¶ 32(a) | 152 | 44 |
| ¶ 32(d) | 108 | 33 |
| ¶ 32(c) | 74 | 14 |
| ¶ 32(b) | 55 | 7 |
What judges credited in granted cases
Specific circumstances the judge expressly credited, among the granted cases on this issue where that detail was extracted (a subset of the record, so these are raw counts, not rates).
- rehabilitation evidence · credited in 34 granted cases
- no subsequent offenses · credited in 27 granted cases
- acknowledgment and remorse · credited in 18 granted cases
- passage of time · credited in 13 granted cases
- explanation of omission credible · credited in 5 granted cases
Recent decided examples
- ISCR 06-25765.h1 granted · 2007The applicant in this case was a 46-year-old employee of a defense contractor who sought to maintain his security clearance. The Department of Defense raised concerns under the criminal conduct guidel…
- ISCR 06-26394.h1 granted · 2007The applicant, a 37-year-old design engineer for a defense contractor since 2005, faced security concerns under Guideline J (Criminal Conduct) and Guideline G (Alcohol Consumption) due to multiple DUI…
- ISCR 06-26073 denied · 2007The applicant in this case was a 37-year-old single man with three children, employed as a sheet metal welder for a military contractor. The Defense Office of Hearings and Appeals (DOHA) issued a Stat…
- ISCR 06-26697 denied · 2008The applicant in this case was a 38-year-old network engineer for a defense contractor seeking to retain his security clearance. The allegations against him were primarily related to alcohol and drug …
Related issues under Guideline J
- Unspecified Criminal Conduct · 2,133 cases
- Drug-Related Criminal Charge · 822 cases
- Assault or Battery · 598 cases
- Fraud or Deception (Criminal) · 535 cases
- Theft or Larceny · 437 cases
- Domestic Violence · 380 cases
Wondering how this issue plays against your own facts? Ask the assistant, or get a written, human-reviewed response through Answers. Descriptive research only: not legal advice or a prediction.