DUIs and Security Clearances – Guideline G Alcohol Consumption

Federal Regulations says in § 147.9, Guideline G — Alcohol Consumption: the concern is that

“excessive alcohol consumption often leads to the exercise of questionable judgment, unreliability, failure to control impulses and increases the risk of unauthorized disclosure of classified information.

As alcohol is a legal substance and therefore can be regularly consumed without incident, the abuse of alcohol, pointing towards excessive consumption, is more closely watched. It is possible for you to have a DUI (driving under the influence) on your record and still get a security clearance.

Factors that affect situation are:

  • How long ago your infraction was
  • If this behavior is representative of how you behave now
  • If you have sought help to overcome alcoholism

Whether you receive a security clearance also depends upon the skill of the security clearance lawyer who represents you through an adjudicative process. We at the Edmunds Law Firm are renowned across the nation as attorneys dedicated to helping individuals gain or keep their national security clearance. We practice throughout the country and will travel to you to help you with your case.

The fact that you have a DUI on your record is not in itself a reason to deny you security clearance. Much depends upon what you have done after that experience and how long ago it was.

According to these guidelines, conditions that make it more difficult to gain a security clearance include:

  • Alcohol-related incidents away from work, including driving while under the influence, child or spousal abuse and other criminal behavior because of alcohol abuse
  • Alcohol-related incidents at work, including coming to work drunk and/or drinking on the job
  • Drinking after being diagnosed as an alcoholic by a licensed medical professional and completing an alcohol rehabilitation program.

Conditions that might lessen these security concerns include:

  • The drinking was not part of a pattern
  • The incident(s) occurred years ago without any intervening problems
  • Positive behavior changes that support not using alcohol
  • After being diagnosed with alcohol abuse or dependence you have succeeded in finishing a treatment program whether as an inpatient or outpatient, been participating often in Alcoholics Anonymous or a similar program, haven’t had a drink for at least a year and received a positive prognosis by a licensed medical professional or social worker who works for a known alcohol treatment program
    Contact a Security Clearance Attorney

The knowledge and experience that Mr. Edmunds has shared with his staff has helped save hundreds and hundreds of Military and Civilian careers. Again, another career was saved thanks to The Edmunds Law Firm.

Recent Favorable Decision

Department of Energy Hearing
September 14, 2016
Criterion J; (Alcohol Consumption)
Livermore, CA

A Summary of Security Concerns was issued to an employee of the Department of Energy (DOE) by the DOE for Alcohol-related issues. It was alleged that the Applicant was diagnosed with using alcohol habitually to excess which raised serious trust and judgment concerns for the Government. Applicant requested a hearing, and the case was heard in front of a DOE Administrative Judge, with Mr. Nerney representing this employee. Mr. Nerney presented numerous mitigating conditions that were in support of Applicant’s case. Furthermore, this hearing involved an expert witness called on behalf of the Government and Mr. Nerney was able to successfully cross-examine the Government’s expert witness to develop a favorable view of the Applicant’s alcohol consumption. With Mr. Nerney’s experience, and the support of the staff at the Edmunds Law Firm, this case was decided in Applicant’s favor on all allegations. As a result, the Government’s concerns were mitigated, and the employee was able to continue with his career working for the Department of Energy with a valid security clearance.

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