Offshoot: FAA DUI Policy thread

[ljg]

detained.

 

[Bigey]

Re: FAA DUI Policy

If you aren't free to go, then what exactly is it?

You're being legally detained. They have some sort of suspicion and can legally detain you. You are not free to go, but you are also not under arrest.

I guess a little more simpler, you're being denied the freedom to go until a further investigation is done.

 

[butt]

Re: FAA DUI Policy

While I'm not planning on drinking and driving, it's the arrest or administrative actions that scares me. Let's say I'm arrested for suspicion of DUI. I submit to my breath or blood test, and I'm released. I'm not charged with anything. But I still get "punished" by this anyway.

As you SHOULD. I have absolutly no sympathy for drunk drivers. No amount of punishment is "enough". I have absolutly no sympathy. The less amount of drink pilots walking the earth the better. Less resume's I have to compete with.

 

[drunkenbeagle]

Re: FAA DUI Policy

As you SHOULD. I have absolutly no sympathy for drunk drivers. No amount of punishment is "enough". I have absolutly no sympathy. The less amount of drink pilots walking the earth the better. Less resume's I have to compete with.

Did you read what I wrote? Why should people who aren't drinking and driving be punished?

I'm happy to voluntarily submit to breath tests. I don't feel it is fair to punish anyone for doing so though.

Put another way, how would you feel if you were stopped at a DUI checkpoint. You agree to take a breathalyzer, and are arrested. You go to the jail, take the breathalyzer, blow 0.0, and get out the next morning. Report it on your next Medical, and it gets deferred for a year. How would you feel then? After doing the right thing, and then being unable to work?

Just keep in mind, people are arrested for suspicion of DUI every day. A lot of the are released and not charged, because they weren't drinking.

 

[SteamyNicks]

what about offenses that have been expunged?
say someone gets arrested between medicals for something stupid, gets charged for a minor misdemeanor, and is expunged 6 months later. can the faa even find out?

 

[drunkenbeagle]

what about offenses that have been expunged?
say someone gets arrested between medicals for something stupid, gets charged for a minor misdemeanor, and is expunged 6 months later. can the faa even find out?

Can and someday assuredly will

 

[SteamyNicks]

thats great. thats just what i need, my medical to be deferred and not being able to work for a few months..

 

[SpiraMirabilis]

The tying of government meted out penalties to being arrested yet not convicted or arrested and _acquited_ is probably illegal, despite flying being a 'privilege' and not a right. But who wants to be the one to take that to federal court?

 

[Inverted25]

thats great. thats just what i need, my medical to be deferred and not being able to work for a few months..

If it something minor it wont take long at all. I had mine deferred for a underage that happened years ago and it took two weeks from the day he sent the court papers in till I had mine in the mail. The key is just to make sure you have all the documents sent the first time. It only takes months if they have to keep asking you to send new information in. Just get the court records and police records and send them in with the deferall to the FAA and you will have it fairly quickly. If you have a time a year that flying stops do to winter weather like we do here, I suggest you do it than.

 

[SteamyNicks]

for something like an underage, a notice isnt required per 61.15 right? The 61.15 is just for DUI / DWI right?

 

[drunkenbeagle]

The tying of government meted out penalties to being arrested yet not convicted or arrested and _acquited_ is probably illegal, despite flying being a 'privilege' and not a right. But who wants to be the one to take that to federal court?

Glad someone else thinks due process is a concept that has served us well for the last 800 years, perhaps we shouldn't give up on it now.

Forget acquitted, as this sounds to me, you are potentially in deep trouble even if you are never charged. And forget government penalties, we have plenty of private ones too. Good luck getting a job, apartment or loan if you have an arrest on your record (nobody is going to bother to look and see that you were released and not charged with anything). It is now your problem to get the arrest expunged.

 

[butt]

Re: FAA DUI Policy

Did you read what I wrote? Why should people who aren't drinking and driving be punished?

if you weren't DRINKING and DRIVING then why were you pulled over in the first place?

Put another way, how would you feel if you were stopped at a DUI checkpoint. You agree to take a breathalyzer, and are arrested. You go to the jail, take the breathalyzer, blow 0.0, and get out the next morning. Report it on your next Medical, and it gets deferred for a year. How would you feel then? After doing the right thing, and then being unable to work?

If I were pulled over you DUI suspesion then I deserve what I get, but guess what. I'm one of the responsible ones who doesn't have to worry about such things. This is why people like me deserve to keep their license and get preferential treatment during hiring, and those who are reckless and engage in drinking and driving should not be flying or driving ANYTHING.

Just keep in mind, people are arrested for suspicion of DUI every day. A lot of the are released and not charged, because they weren't drinking.

And hopefully those people aren't pilots...

 

[drunkenbeagle]

Re: FAA DUI Policy

if you weren't DRINKING and DRIVING then why were you pulled over in the first place?

Out of state tags, dirty car, dim light on the license plate, and having one rear fog light (normal for an Audi). Those were the reasons for the last 4 times for me. And a few DUI checkpoints. I've never been arrested.

If I were pulled over you DUI suspesion then I deserve what I get, but guess what. I'm one of the responsible ones who doesn't have to worry about such things. This is why people like me deserve to keep their license and get preferential treatment during hiring, and those who are reckless and engage in drinking and driving should not be flying or driving ANYTHING.

I think you are missing the meaning of the word suspicion here. I can suspect you of being a bank robber. In no way does that make you a bank robber.

In the case of DUI, suspicion of DUI is considered adequate probable cause for arrest or detention, whether you were drinking or not.

Sober people are arrested for DUI and ultimately not charged every day. What makes you so certain it is something that would never happen to you?

 

[WalterSobchak]

Re: FAA DUI Policy

if you weren't DRINKING and DRIVING then why were you pulled over in the first place?



If I were pulled over you DUI suspesion then I deserve what I get, but guess what. I'm one of the responsible ones who doesn't have to worry about such things. This is why people like me deserve to keep their license and get preferential treatment during hiring, and those who are reckless and engage in drinking and driving should not be flying or driving ANYTHING.

And hopefully those people aren't pilots...

Hopefully you aren't. Aviation is stocked full of bags of carpentry equipment and feminine hygene products.

Your posts make you sound like a 16 year old brat who has no concept of the real world.

I have been pulled over for absolutely no reason before and then the cop made me do all the field sobriety tests. The whole time I asked to take the breathalyzer and the wouldn't let me until they didn't have any more field tests. Low and behold I passed. The pulled the it looked like you were over the center line routine even though I wasn't and the cop followed me for 3 miles.

So did I get what I deserved? An hour of my time wasted driving to McD's while sober? In some states drunk driving used to be .12 then .10 then .08 all because of BS organizations like MADD and states needing money for federal funding. How many people in the .08-.12 range have ever killed some one or caused an accident because of the alcohol? Is it more that women putting on make up while driving? Talking on cell phones? Eating or talking with a pax? Teenage drivers? My guess is no. How many crappy drivers cause accidents every day? I just got rear ended by one last month at a read light. Society is creating drunk drivers by lowering the limit.

 

[WalterSobchak]

Re: FAA DUI Policy

Out of state tags, dirty car, dim light on the license plate, and having one rear fog light (normal for an Audi). Those were the reasons for the last 4 times for me. And a few DUI checkpoints. I've never been arrested.



I think you are missing the meaning of the word suspicion here. I can suspect you of being a bank robber. In no way does that make you a bank robber.

In the case of DUI, suspicion of DUI is considered adequate probable cause for arrest or detention, whether you were drinking or not.

Sober people are arrested for DUI and ultimately not charged every day. What makes you so certain it is something that would never happen to you?

Exactly its F-ING FASCIST!!!! Guilty until proven innocent. Giving the dumbest end of our legal system the most power.

 

[butt]

Re: FAA DUI Policy

Hopefully you aren't. Aviation is stocked full of bags of carpentry equipment and feminine hygene products.

Your posts make you sound like a 16 year old brat who has no concept of the real world.

I have been pulled over for absolutely no reason before and then the cop made me do all the field sobriety tests. The whole time I asked to take the breathalyzer and the wouldn't let me until they didn't have any more field tests. Low and behold I passed. The pulled the it looked like you were over the center line routine even though I wasn't and the cop followed me for 3 miles.

So did I get what I deserved? An hour of my time wasted driving to McD's while sober? In some states drunk driving used to be .12 then .10 then .08 all because of BS organizations like MADD and states needing money for federal funding. How many people in the .08-.12 range have ever killed some one or caused an accident because of the alcohol? Is it more that women putting on make up while driving? Talking on cell phones? Eating or talking with a pax? Teenage drivers? My guess is no. How many crappy drivers cause accidents every day? I just got rear ended by one last month at a read light. Society is creating drunk drivers by lowering the limit.

Wow just Wow. Defending drunk drivers. Just wow. If the law says the limit is 0.08 then thats the limit. How about this DONT DRIVE DRUNK AND THEN YOU WON'T HAVE ANYTHING TO WORRY ABOUT

 

[killbilly]

You're being legally detained. They have some sort of suspicion and can legally detain you. You are not free to go, but you are also not under arrest.

I guess a little more simpler, you're being denied the freedom to go until a further investigation is done.

Specifically, you're being detained while evidence is being gathered. Field sobriety tests, breath/blood tests are all evidence-gathering for a case being built against you.

Little-known fact: there is no way to "pass" a field sobriety test. Ask any lawyer.

The LEO is merely building a case against you if he asks you to take the field test. He's already decided there's something up and he's looking for you to slip. Be damn certain you're in the clear before you take a breath/blood or field sobriety test.

Glad someone else thinks due process is a concept that has served us well for the last 800 years, perhaps we shouldn't give up on it now.

Forget acquitted, as this sounds to me, you are potentially in deep trouble even if you are never charged. And forget government penalties, we have plenty of private ones too. Good luck getting a job, apartment or loan if you have an arrest on your record (nobody is going to bother to look and see that you were released and not charged with anything). It is now your problem to get the arrest expunged.

DUI/DWI tends to be a misdemeanor (assuming no other accident or charge) rather than a felony, and background checks like the ones you mention there usually specifically ask about felonies.

That being said, at least in TX, the DWI charge is SEPARATE from the driver's license action. "Not Guilty" is all well and good, but if you refused the test according to your constitutional rights (5th amendment - you can't be compelled to give evidence against yourself) you still lose your license.

 

[drunkenbeagle]

I'm done feeding trolls for tonight.

Just glad 'SouthernJets' still has those tasty mojitos.

I'll enjoy my cab ride home, Mods close thread in 3...2...1...

 

[CBpilot]

So I have a question for you guys, that is in line with this thread. I got a DWI 10 years years ago. During my last medical (3rd Class) the DR asked me about alcohol related offenses and I disclosed the DWI. Fast forward 3 weeks later I get a letter from the FAA stating that a further substance issue will result in a review of my medical.

My question is, once I pass my PPL checkride will I have to go through another series of background checks?

Side note: I think the entire government process for dealing with alcohol related issues is ridiculous. I delt with it in Army and it was always a mess. When I went for my TS clearence I had some pencil pushing DB telling me that something I did 8 years ago was a disgrace and would probably stop me from getting it issued. People make mistakes. Anyone ever see that email about all the senators who have had alcohol and drug related arrest? Pretty funny.

 

[SpiraMirabilis]

Re: FAA DUI Policy

Wow just Wow. Defending drunk drivers. Just wow. If the law says the limit is 0.08 then thats the limit. How about this DONT DRIVE DRUNK AND THEN YOU WON'T HAVE ANYTHING TO WORRY ABOUT

Ever heard about the Innocent till proven guilty thing? Why should we even put them on trial? We should just throw them in the gulag, damn horrible drunken drivers.