DUI Three Days After Being Hired

meritflyer said:
I'd hire an attorney familiar with aviation. Maybe AOPA can recommend one.
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I would hire one familiar with DUI law.

frightinstructor said:
I'm new here, but I got some good feedback on something I posted a few days ago. Maybe some of you can help me with this situation:

I was recently offered a job with a regional; class starts in a few weeks. Three days after being offered the job I was celebrating with friends and got a DUI on the way home.
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When does the airline conduct the background check?
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I don't know the answer to this one

If nothing on this incident shows up on the background check, is there another way they might find out down the road?
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Oh sure, many ways, if you are convicted you may find your name in the local paper, you may find that you have to explain why you need to have certain days off to go to court, or do community service, people may ask why you are no longer driving, but getting rides from friends, wife, taking cabs. You may be asked for an I.D., and instead of having a Driver's License you only have a crumpled up citation that says DUI on it. Someone may overhear you talking to your lawyer on the phone. and many, many other ways.
A better question is How likely are they going to find out? That is hard to answer. I know several people who were convicted of DUI and their employer and auto insurance company never found out. But I wouldn't count on it.



I've heard that the FAA doen't typically take action on pilot certificates at the 1st offense. Anybody heard otherwise?
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I have heard of the FAA taking action on a first offense, but your right, typically they don't.

Would you tell the airline about the incident?
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Not unless/until you're convicted.


Think they'd just tell me to not show up for class?
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You're living in a dream world if you think they will let to come to class with a DUI case hanging over your head.

Good luck, and prepare to spend a lot of money on the best DUI lawyer you can find.
 
frightinstructor said:
I have.


Quote:
Would you tell the airline about the incident?


What if a conviction (if any) would not occur until after class is over?
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And when they ask why didn't you inform us earlier.....? :insane:

Stop trying to hide. Do the RESPONSIBLE thing and stop trying to figure out how to avoid it.
 
JEP said:
p.s. Before someone spouts off about Geez, give the guy a break..... My wifes truck was totaled three years ago while her and my two young kids (6 & 3) at the time were in it. Another split second and I would have been attending a funeral because someone was out 'celebrating'. Imagine getting a phone call at midnight while you are out of town on a business trip and hearing that. Sorry, no sympathy here.
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Well said JEP. Far more elequent than I would of put it. . . no one who drinks and drives will get much sympathy from me either. Far too many people do it without anything happening, and we are suppose to give support and help to those who are busted? Too bad, their lose. I'll help get them into some sort of education program, but I'm not going to be too supportive about them getting behind a >12,500lb aircraft for pax or cargo transport. :(

We each make mistakes, but some are on a much higher level than others. A DUI is a serious mistake, and is something that requires a strong fist of action against.
 
frightinstructor said:
I have.


Quote:
Would you tell the airline about the incident?


What if a conviction (if any) would not occur until after class is over?
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First of all, I am not a lawyer and take any advice I give you at your own peril. I'm only saying what I would do. If you get convicted, I would notify the FAA and your employer. If you don't get convicted, I wouldn't.
 
JEP said:
I may take some heat from the others here, but you know what, I am not too concerned with this one. You got a DUI. Too bad.

Contesting the charges? Why? You went out knowing you'd be drinking and then decided to get in a car and drive. Not only endangering yourself, but others. No sympathy here.

And then you ask, "...is there another way they might find out down the road?" Sounds like you are trying to hide something. That's responsible.:sarcasm:

Do the right thing like others have said. Own up to it. Go to court, pay your fine and take your punishment. Then inform your airline. And hope they find it you did the responsible thing. I would venture to guess the responsible thing to do would have been to take a cab or have a sober driver. But that's just me. Otherwise, Good Luck on your next intervew.

p.s. Before someone spouts off about Geez, give the guy a break..... My wifes truck was totaled three years ago while her and my two young kids (6 & 3) at the time were in it. Another split second and I would have been attending a funeral because someone was out 'celebrating'. Imagine getting a phone call at midnight while you are out of town on a business trip and hearing that. Sorry, no sympathy here.
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*Edited by I_Money* PM me if you have questions

Anyways, he didn't come here asking for sympathy...
 
Old Pete said:
First of all, I am not a lawyer and take any advice I give you at your own peril. I'm only saying what I would do. If you get convicted, I would notify the FAA and your employer. If you don't get convicted, I wouldn't.
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First of all, I believe meritflyer already outlined that you must report the incident to the FAA regardless of whether or not you're convicted. Second of all, I agree with all of those saying to own up to it. Don't try to get out of it. You'll most likely be screwing yourself in the long run. Try and win a few brownie points by showing that you're responsible. If you loose your job, well, I'm sorry, that's life. If I can loose my job by being irresponsible and sleeping in a morning or two, than perhaps its justified to loose your job over being irresponsible to a much higher degree and endangering other people's lives.

I completely agree with JEP. I have no sympathy for drunk drivers.

All that said, my opinion of people is not based on their mistakes, but rather what they do with them. If you own up to your mistake, take the responsibility that is now due you, then I'd be happy to see you learn from your mistake and be able to keep your job.
 
JEP said:
.......p.s. Before someone spouts off about Geez, give the guy a break..... My wifes truck was totaled three years ago while her and my two young kids (6 & 3) at the time were in it. Another split second and I would have been attending a funeral because someone was out 'celebrating'. Imagine getting a phone call at midnight while you are out of town on a business trip and hearing that. Sorry, no sympathy here.
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nbv4 said:
*Edited by I_Money* PM me if you have questions

#2 Anyways, he didn't come here asking for sympathy...
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#1 Take the tone how you want, I could not care any less. See my reply above......and then come back when you get that midnight call.

#2 yeah well, you know what....he posted on a public forum and people are going to respond.
 
Get a good lawyer asap.. depending where you live, if it's a first time offense and they're good you might get knocked down to reckless driving or something non-alcoholic related.

And as for reporting to the FAA, I'd talk to a lawyer on that too before you do anything. AOPA can give you someone to contact. If you get the charged knocked off it might be better to bite the bullet and non report it.. either way you'll be screwed.
 
PanJet said:
First of all, I believe meritflyer already outlined that you must report the incident to the FAA regardless of whether or not you're convicted.
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False.

You only must report if there was an administrative action on your license. Some states revoke/suspend your license immediately, others i believe only do that when/if you are convicted.

In my own personal case, I had to report to the FAA because there was an administrative action on my license.

however, i was not convicted of DUI, thus I could truthfully and with clear conscience answer "no" if asked by an employer have I been convicted of DUI/alcohol offenses.
 
TXaviator said:
False.

You only must report if there was an administrative action on your license. Some states revoke/suspend your license immediately, others i believe only do that when/if you are convicted.

In my own personal case, I had to report to the FAA because there was an administrative action on my license.

however, i was not convicted of DUI, thus I could truthfully and with clear conscience answer "no" if asked by an employer have I been convicted of DUI/alcohol offenses.
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The reg reads -

You must file a written report the the FAA CASD "not later than 60 days after the motor vehicle action"

Reads pretty clear to me.

EDIT: But then again, I am not the FAA or the dreaded "Administrator", so I could be wrong.
 
PanJet said:
All that said, my opinion of people is not based on their mistakes, but rather what they do with them. If you own up to your mistake, take the responsibility that is now due you, then I'd be happy to see you learn from your mistake and be able to keep your job.
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but also keep in mind, theres no reason for this guy to make the consequences any worse than neccessary. theres no "shame" in following the letter of the law very precisely.

hence why he is asking for advice/experience on a forum. he doesn't need a pistolwhipping.
 
meritflyer said:
The reg reads -

You must file a written report the the FAA CASD "not later than 60 days after the motor vehicle action"

Reads pretty clear to me.
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right but you must read further to determine what qualifies as a "motor vehicle action"

FAR 61.15 says that a pilot must report any alcohol or drug related
“motor vehicle action.” A “motor vehicle action” is:
(1) any conviction for a violation of federal or state law relating to the
operation of a motor vehicle while intoxicated, impaired, or under the
influence of alcohol or drugs,
(2) the cancellation, suspension or revocation of a driver’s license
relative to the operation of a motor vehicle while intoxicated, impaired or
under the influence of alcohol or drugs, or
(3) the denial of an application for a license by a state for a cause
relating to the operation of a motor vehicle while intoxicated, impaired, or
under the influence or alcohol or drugs.

thus, if he is convicted, he must report.

if his license is cancelled, suspended or revoked (again, sometimes this is automatic, sometimes it is not) he must report.

if his license is NOT immediated cancelled, suspended, or revoked... i would most certainly wait to see if he is CONVICTED before i report anything.
 
JEP said:
And when they ask why didn't you inform us earlier.....? :insane:
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because in this wonderful country we are afforded by law a presumption of innocence until proven guilty.

i, as a good American, choose to fully exercise that right.
 
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