Senior NCO found guilty of DUI Published Jan. 2, 2008 By Maj. Laurie Arellano Minot Air Force Base Public Affairs MINOT AIR FORCE BASE, N.D. -- A Senior Master Sergeant assigned here pleaded guilty to driving under the influence and incapacitation for duty and was sentenced December 19, 2007. The three-member court martial panel sentenced Senior Master Sgt. Robert Bussiere, 5th Maintenance Squadron, to reduction in rank to E-7, 30 days confinement, and a reprimand for the August 17, 2007 incident, which injured another driver. According to court records, at approximately 6:50 a.m. that day, Sergeant Bussiere was driving to work when he failed to properly stop at the intersection of Summit Dr. and Bomber Blvd. on Minot Air Force Base. He then made a wide right turn, crossing into the oncoming traffic lane, before striking the rear of another vehicle at the intersection of Bomber Blvd. and Peacekeeper Place. "Ma'am, I'm so sorry," Sergeant Bussiere repeatedly apologized to the other driver while she checked for injuries and called 911. After being administered field sobriety tests by security forces officers at the scene of the accident, Sergeant Bussiere was apprehended. A sample of his blood was seized and tested, showing he had a blood alcohol concentration of .270, more than three times the North Dakota limit. According to Capt. Garrett Bruening, Assistant Staff Judge Advocate at the 5th Bomb Wing, the blood alcohol concentration is not the only determination of a crime when it comes to drinking and driving. He said North Dakota law and the Uniform Code of Military Justice make it a crime to drive or be in control of a vehicle if any number criteria is met. "One of those criteria is having a blood-alcohol concentration of .08 or higher," he said. However, that does not mean a person may have up to .08 and be legal." Captain Bruening said the other criteria used to determine DUI include a subjective determination that the person is under the influence of intoxicating liquor or that the person is incapable of safely driving. "Additionally, the Uniform Code of Military Justice does not require a BAC of .08 to be violated," said Captain Bruening. "A person is in violation of Article 111 by just being drunk or impaired." Captain Bruening said the court martial was fair and just. "The court-martial demonstrated how the UCMJ applies to all Airmen, regardless of rank, grade, or time in service, and how every Airman is accountable for the consequences of his or her choices and actions," said Captain Bruening. The injured driver of the second vehicle, who has since improved, was diagnosed with whiplash, muscle tightness, and ligament and soft tissue damage. Sergeant Bussiere is expected to retire following completion of his term of confinement.