OWI, security clearances and military service

An OWI can affect a security clearance. The guidelines contain no rule that a drunk-driving incident automatically disqualifies, but they also say a single area of concern may be enough for an unfavorable decision.^[7] Under the national security adjudicative guidelines (Security Executive Agent Directive 4, effective 8 June 2017), "driving while under the influence" is a listed alcohol-related incident that could raise a concern, and the same guidelines list conditions that can mitigate it.^[1][2][3] For service members, drunk driving is also a military offense under Article 113 of the Uniform Code of Military Justice.^[6]

This page summarizes the published guidelines and the statute. It does not cover any agency's own reporting rules, service-specific regulations, or enlistment waivers, none of which were verified for this guide. A facility security officer, a command, or a lawyer who handles clearance or military matters can address a particular situation.

Which rules apply to clearance decisions

SEAD 4 sets the single, common adjudicative criteria for everyone who needs initial or continued eligibility for access to classified information or to hold a sensitive position, and it supersedes all earlier national security adjudicative guidelines.^[1] An earlier alcohol guideline is still codified in federal regulations at 32 CFR 147.9, and it also lists driving while under the influence as a possible concern.^[8]

Guideline G: alcohol consumption

The concern, in SEAD 4's words, is that excessive alcohol consumption "often leads to the exercise of questionable judgment or the failure to control impulses, and can raise questions about an individual's reliability and trustworthiness."^[2]

Conditions that could raise a concern

The listed conditions include:^[2]

• Alcohol-related incidents away from work, "such as driving while under the influence", regardless of how often the person drinks or whether the person has been diagnosed with alcohol use disorder.^[2]
• Failure to follow any court order regarding alcohol education, evaluation, treatment or abstinence.^[2]

The second item matters after an OWI conviction, because Michigan sentencing can include court-ordered treatment. For example, a high-BAC conviction or any OWI with a prior conviction requires a rehabilitative program of at least 1 year.^[9] See the pre-sentence alcohol assessment.

Conditions that could mitigate the concern

SEAD 4 lists four mitigating conditions for alcohol:^[3]

1. So much time has passed, or the behavior was so infrequent or happened under such unusual circumstances, that it is unlikely to recur or does not cast doubt on current reliability, trustworthiness or judgment.^[3]
2. The person acknowledges a pattern of maladaptive alcohol use, shows actions taken to overcome it, and has a clear and established pattern of modified consumption or abstinence in line with treatment recommendations.^[3]
3. The person is in counseling or treatment, has no previous history of treatment and relapse, and is making satisfactory progress.^[3]
4. The person completed a treatment program with any required aftercare and has a clear and established pattern of modified consumption or abstinence in accordance with treatment recommendations.^[3]

Guideline J: criminal conduct

An OWI is also a crime, so the criminal-conduct guideline can apply alongside Guideline G. Conditions that could raise a concern under Guideline J include a pattern of minor offenses that together cast doubt on judgment, evidence of criminal conduct whether or not the person was charged or convicted, being currently on probation or parole, and violating probation or failing to complete a court-mandated rehabilitation program.^[10] This is why the end of probation, and completing every court-ordered program, can matter in a clearance review; see probation after an OWI and probation violations.

How adjudicators weigh the whole record

SEAD 4 calls adjudication a careful weighing of a sufficient period of a person's life, known as the "whole-person concept", with each case judged on its own merits.^[4] Factors include the nature and seriousness of the conduct, its frequency and recency, the person's age and maturity at the time, the presence or absence of rehabilitation, and the likelihood of recurrence.^[4] Any doubt is resolved in favor of national security.^[4]

For someone who already holds eligibility, adjudicators consider whether the person voluntarily reported the information, was truthful and complete in answering questions, sought help and followed professional guidance, and has shown positive changes in behavior.^[5] SEAD 4 also says intentional material falsification or purposeful non-cooperation with security processing is of significant concern.^[5] The adjudicator also considers whether the person's eligibility should be suspended while the information is finally adjudicated.^[7]

A common mistake is treating the OWI as the only issue. Under the guideline text, how the person reports and answers questions about it is also weighed.^[5]

Military service: UCMJ Article 113

Article 113 of the Uniform Code of Military Justice (10 USC 913) covers a service member who operates or is in actual physical control of any vehicle, aircraft or vessel while drunk, while impaired by a controlled substance, or with a blood or breath alcohol concentration at or above the applicable limit; the offense is punished "as a court-martial may direct".^[6] In the United States the limit is the lesser of the state's limit or 0.08 grams per 100 milliliters of blood.^[6] Michigan's OWI law likewise covers a bodily alcohol content of 0.08 or more, as well as being under the influence.^[11]

The maximum military punishments for Article 113 are set in the Manual for Courts-Martial and were not verified for this guide.

Federal employment forms

The Declaration for Federal Employment (OF-306) asks whether, during the last 7 years, the applicant was convicted, imprisoned, or on probation or parole, including misdemeanors, and whether the applicant is currently under charges.^[12] Applicants omit traffic fines of $300 or less and any conviction whose record was expunged under federal or state law.^[12] The form does not say whether a Michigan set-aside counts as "expunged" for this purpose, so ask the hiring agency. See setting aside an OWI conviction.

Practical points

• Find out from your security office or command what you are required to report, and by when, and write it down.
• Keep proof of completed assessments, treatment, aftercare and probation discharge. These documents speak directly to the mitigating conditions above.
• Answer every form and interview question about the incident accurately and completely.
• For treatment and support options, see getting help for alcohol or drug use; for civilian jobs, see OWI and your job and OWI and professional licenses.