Bad choice and not sure what to do

avi8tor1983

avi8tor1983

Well-Known Member
I was recently arrested in Texas for a DWI. I hold an Oklahoma drivers license. This happend as I was changing jobs and moving. I have a lawyer and was concerned about employment and what will show up. Or if they will suspend my medical?

I was on my way home from a buddies house on a back highway and had two small whiskeys about two hours before I left. It was pooring rain and my car hydroplaned and I ran off the road, totaled my car and hit a barb wire fence. After the accident I called 911 immediately following the crash and gave them my location. I was honest and up front with the officer. I did the full test, blew the breathilizer on site and registered a .073. He stated because I hit the fence and had booze in my system I would be arrested for dwi. At the station not 30 minutes later I blew a .062 then .061. I own up to this mistake and made a bad choice. I have beat myself up every day since. Im ready to take the punishment handed to me. This is my first arrest and no priors.

I know I need to report within 60 days and I hold a second class medical that is good through January of next year. Should I renew early? This accedent happened 8 days ago. Will it show up on my new employers National Drivers Registry request(my license was not suspended or revoked)? I plan on reporting it on Tuesday and sending in all the documents requested to the FAA.
 
They said it was because I caused property damage. My lawyer says he can get it knocked down to public intox.
 
On your medical report the DWI. Take copies of the polcie arrest report and court documents to the AME (he cannot issue without them). With a BAC of 0.073, the AME can issue. You will probably not hear anything from the FAA.
 
avi8tor1983 said:
Thank you. If nothing else that puts my mind at ease a tiny bit. I'll shove the letter in the mail Tuesday.
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Not so fast! The FAA states you only need to report if CONVICTED. The LAST thing you want is to get the faa involved early. Remember that charged and convicted are two different things.

Only two ways you walk out of the AME's office...Exactly the same way you walked out, or completely screwed.

I would not do anything with the FAA or AME until otherwise. I would also delete this post. No reason to screw your reputation up over nothing.

http://www.faa.gov/about/office_org...sh/ash_programs/investigations/airmen_duidwi/
 
T/O w/FSII said:
Not so fast! The FAA states you only need to report if CONVICTED. The LAST thing you want is to get the faa involved early. Remember that charged and convicted are two different things.

Only two ways you walk out of the AME's office...Exactly the same way you walked out, or completely screwed.

I would not do anything with the FAA or AME until otherwise. I would also delete this post. No reason to screw your reputation up over nothing.

http://www.faa.gov/about/office_org...sh/ash_programs/investigations/airmen_duidwi/
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The 8500-9 form says:

History of (1) any arrest(s) and/or conviction(s) involving driving while intoxicated by, while impaired by, or while under the influence of alcohol or a drug;
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He was arrested. Just as the AME has just said, he needs to report it.
 
juxtapilot said:
The 8500-9 form says:


He was arrested. Just as the AME has just said, he needs to report it.
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I agree with you, but we are talking about two different things here;

1: Reporting it on your medical application.

2: And reporting it to the FAA.

The first one is only for applying for a medical.

The 2nd is what 61.15 spells out and what OP is planing on doing.
 
AN arrest is an administrative action and must be reported on the medical. Remember, falsification of the application may cost $250,000 or 5 years in Federal prison. They may also revoke your medical certificate for not reporting. Remember, they are the 800 pound gorilla in the room. Jailhouse lawyers usually get it wrong.
 
ok, so the 60 days i have to send in the notification letter is just if I am convicted of the DWI? I do not need to report the arrest?
 
When it comes to what you should tell the FAA apart from your medical application, you should consult an attorney that specializes in aviation law. Here's a good choice: http://www.alanarmstronglaw.com/ He's not cheap, but losing a career or losing your pilot certificate is far more expensive.

But when it comes to what to do about your medical, you need to listen to the good Doctor and not to some random poster on the internet.
 
avi8tor1983 said:
ok, so the 60 days i have to send in the notification letter is just if I am convicted of the DWI? I do not need to report the arrest?
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That's a separate issue than the medical. Whatever the far says is what you need to do. If it says arrest report it. If not I wouldn't. I think its BS that you were arrested while under the legal limit. I agree with ATN. Talk to an attorney or AOPA legal if you have that.
 
ATN_Pilot said:
When it comes to what you should tell the FAA apart from your medical application, you should consult an attorney that specializes in aviation law. Here's a good choice: http://www.alanarmstronglaw.com/ He's not cheap, but losing a career or losing your pilot certificate is far more expensive.

But when it comes to what to do about your medical, you need to listen to the good Doctor and not to some random poster on the internet.
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I will definitely second the recommendation for Alan Armstrong. Are you a member of aopa legal services?
 
Asking a bunch of people on the internet what you need to report isn't an appropriate way to do research when your medical or certificate is at stake. Get an aviation lawyer already!
 
I'm pretty sure you're going to need to report it. I can't find a reference to an "arrest" being reportable, but "conviction" or "administrative action" is. You can look up what constitutes an administrative action and, again, I don't see the word "arrested". However, in WA state, being arrested for DUI triggers an administrative action. They punch a hole in your drivers license and there are hoops to step through to be able to continue driving. The process is clearly defined as an administrative action which triggers the report to the FAA. The arrest, in and of it's self, does not (at least as far as I can tell). So, you need to find out how it works in TX. What did the paperwork say about license suspension? If there is an automatic suspension of your license, that's an administrative action and triggers the report. Remember, a suspension is a administrative action.

I would keep working with your attorney to try to get the charge reduced. If you are successful, you may be able to write a letter to the FAA and lobby to have your report "rescinded" if you can make the case that the cop shouldn't have arrested you for DWI (like if the charge is reduced). Also, you're attorney should know how to challenge the process of the license suspension, which would help save your driving privilege.

I believe Doctor Forred's comment about "you probably won't hear anything back from the FAA" had to do with checking the box on the medical app. You have to check the box, but due to the low BAC, the FAA will probably not take issue with your medical that your AME will issue. You might want to discuss your situation with the AME before you take your next medical to make sure he's willing to sign you off with your issue. If not, find another AME. Last thing you need is a surprise rejection from your AME. Remember, you'll always have to check the yes box on the medical app from now on, but you can say "see previous report, no change".

Any pilot apps you fill out in the future, please read very carefully the question about driving record. It will be most will ask about "any arrests", so you'll have to mention it.

This won't help your career but can certainly be overcome. It may cost you a job or two, or may force you into a lower status job for a time. The more time you can put between the incident and your moving up the career food chain, the less of an issue it will become.

Don't let it happen again.
 
< This thread has moved WAY away from what the "Ask a Flight Surgeon" forum is supposed to be, so the thread has moved literally as well. >
 
Don't ever jump the gun and just throw stuff into the FAA. I agree that you will have to report the arrest on your next medical. You will only have to report the DWI if convicted. You have time. With the FAA you are guilty until proven innocent so don't just jump to fix things until all the facts are straight. I don't think you have to report anything until you have a conviction but I may be wrong so keep a timer going from the day of the incident, lawyer up, and don't turn anything in until your aviation specialized lawyer tells you to. Prod your lawyer when day 60 is nearing from the incident but DON'T DO ANYTHING UNTIL YOUR LEGAL COUNCIL SAYS SO.

Most pilots out there are good people looking to do the right thing and just want to FIX it as soon as they can. The FAA knows this and will use it to their advantage and they will jump just as fast and will use your statement as an admission of guilt, and use it against you for the rest of this process.
 
For the people wondering how he was arrested when he was below .08. It was because he was in a crash. I'm sure Texas DUI laws are close to what they are here in Ga. In Ga. the legal limit drops to .04 if you get in a crash while driving.
 
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