Help

[Aspiring Pilot hopefully]

I recently started pursuing my (hopefully) career in aviation. I started in a college program in the fall and am currently working towards my private pilots license. I absolutely love flying and can't imagine doing anything else with my life.

The issue: The other day I was wrongly arrested for a dui. I was sitting in the back right seat of the vehicle at the time but the officer assumed we had switched drivers, due to a slight spin out the DD had due to rain and so the officer took me in. I was charged and when asked to do blood testing I refused at the advice of my attorney. My question is, after the suspension of my license then dismissal of charges following after, then the expungment of said arrest, will this stillimpact my flying? I'm only 18 and I know how irresponsible of me it was to bedrinking, which I am swearing off because it simply isn't worth it. All I want to do is fly. What should I do?

 

[gtlyon]

Without trying to sound like Drill Sgt. If the case is still pending and you have an attorney (if not get one), I'd keep from talking about this on the internet until it's settled.

 

[TUCKnTRUCK]

On your medical you will have to answer "yes" to administrative actions resulting in the suspension of your license, and refusal to test falls under FAR 61.16. Beyond that, if it is discharged, and expunged there shouldn't be significant impact.

 

[killbilly]

Follow your attorney's advice.

You also have to follow FAA rules. Which means if you have a medical, you have to report it, and if you don't have a medical, you'll have to answer "yes" on the form for it when you apply.

On subsequent medicals, you'll just have to check "yes" and then state "previously reported."

Follow their directions. Be truthful. Do not try to rationalize it or anything like that. Just suck it up, say you screwed up, move on.

 

[TUCKnTRUCK]

It may be worth finding an "aviation" Attourney. Standard ones might not really know the inns and outs of the FAA.

Getting your medical will be a little more involved (first time) if everything happens as you stated.

 

[NovemberEcho]

The big thing you will have to look for in future applications and medical forms is if it asks if you were ever CONVICTED or if it asks if you were ever ARRESTED or CHARGED. Since it was dismissed, you can say "no" to a conviction. Since you were arrested and charged, you would have to answer "yes" to that question, and then there is usually a spot for you to explain what happened or at least the end result, which would charges were dismissed.

 

[killbilly]

The big thing you will have to look for in future applications and medical forms is if it asks if you were ever CONVICTED or if it asks if you were ever ARRESTED or CHARGED. Since it was dismissed, you can say "no" to a conviction. Since you were arrested and charged, you would have to answer "yes" to that question, and then there is usually a spot for you to explain what happened or at least the end result, which would charges were dismissed.

This depends entirely on the expungement. On a medical, he always has to answer. Depending on other applications, he may not have to if the expungement covered it.

As I said earlier: follow your attorney's advice.

 

[TUCKnTRUCK]

This depends entirely on the expungement. On a medical, he always has to answer. Depending on other applications, he may not have to if the expungement covered it.

As I said earlier: follow your attorney's advice.

He will have to answer the question for administrative actions resulting in the suspension of a license, regardless of the cause.

Refusal to submit =suspended license, and is completely separate from a dui charge. The FAA randomly pulls NDR's to look for this stuff. - there's a thread about in in the myflightsurgeon section as well.

Expungement won't cover the DL suspension, so he will have to provide supporting court documents. (Long story, my license was suspended through no fault of mine - had two licenses numbers due to clerical error at the local DMV, when they mailed letter to home address I was at college and never got it - NH prohibits forwarding DMV mail, so it got returned and my Lic. Was suspended. Whole thing was dropped, I still had to support it)

 

[killbilly]

He will have to answer the question for administrative actions resulting in the suspension of a license, regardless of the cause.

Refusal to submit =suspended license, and is completely separate from a dui charge. The FAA randomly pulls NDR's to look for this stuff. - there's a thread about in in the myflightsurgeon section as well.

Expungement won't cover the DL suspension, so he will have to provide supporting court documents. (Long story, my license was suspended through no fault of mine - had two licenses numbers due to clerical error at the local DMV, when they mailed letter to home address I was at college and never got it - NH prohibits forwarding DMV mail, so it got returned and my Lic. Was suspended. Whole thing was dropped, I still had to support it)

I think we're talking about two different things here, which understandable. We are in agreement on everything relative to the FAA itself.

However, there are other jobs and applications he may file over the course of the next few decades and an expungement order protects him from having to disclose a lot of this stuff - expungements can apply to state-level driving records, so the only place that can/should know would be the FAA's security division.

But. And this is a big but:

He should follow the advice and guidance of his attorney, instead of a couple guys on the internet with limited scopes of experience in these matters.