Maurus
The Great Gazoo
Not to mention they have the autobahn...
DUI/DWI and the Regionals
- Thread starter dj4wrd
- Start date
Not to mention they have the autobahn...
Hootie
Old Skool
Hey man no worries! 
Just make SURE that was your last one. A friend of mine who had 1500tt and was ready to go off the regionals got a DUI and it turned out to be a good thing. He flys a gulfstream now and makes 70-80k as an FO. I also know that Mesa WILL hire you for sure. I have a good buddy who is now a check airmen there, and while talking with the chief pilot over applicants he was told that "as long as it isn't a violent felony" they can hire them. I do know that my last company Ameriflight couldn't hire you if the DUI was less than one year old, and I am not sure how my current employer views the situation. But I would imagine that three years is starting to get a good amount distance from the incident. Hope this helps! Good luck!
Just make SURE that was your last one. A friend of mine who had 1500tt and was ready to go off the regionals got a DUI and it turned out to be a good thing. He flys a gulfstream now and makes 70-80k as an FO. I also know that Mesa WILL hire you for sure. I have a good buddy who is now a check airmen there, and while talking with the chief pilot over applicants he was told that "as long as it isn't a violent felony" they can hire them. I do know that my last company Ameriflight couldn't hire you if the DUI was less than one year old, and I am not sure how my current employer views the situation. But I would imagine that three years is starting to get a good amount distance from the incident. Hope this helps! Good luck!
dj4wrd
New Member
I'm feelin the love. Thanks to all for your suggestions and positive feedback. Before I posted this yesterday, I had lost hope after speaking with a regional recruiter and being told I would have to wait a few more years. I'll own it, go out there, hope for the best. All I can do. Loves me some JC!
bwade210
New Member
I think that you will be fine. Join up with AOPA legal services and ask them for advice. Keep your head up and your goals high! I know a person that I went to flight school with that recently was hired on with Republic that recieved a DUI charge and a marijuana possession in college. Last tiem we talked he was in training so I am sure you can do it too.
WAFlyBoy
Well-Known Member
:yeahthat:
Isn't the fastest speed limit on PCH 55MPH?
cencal83406 said:
I'm going to assume this is sarcasm. However, if I'm wrong, please do your community a favor and start taking the bus.
RPJ
Well-Known Member
No. In California the only time(s) you are required to report to the FAA is if;
1. You get a alcohol or drug related conviction.
2. Your license gets suspended due to an alcohol or drug related action regardless if you did or did not get a conviction for the offense.
In all 50 states a citizen may refuse a "walk the line test", or field sobriety test (FST). A citizen is required to take a blood alcohol level test (BAC) due to "implied consent" law, when you sign at the DMV to get your DL you are willingly or unwillingly also signing to take the BAC test if ever asked by a peace officer. With that said it is important to point out that the required BAC test in all 50 states IS NOT the test they give you at the scene of the pull-over, i.e. breathalyser on the street. The required test is the one that they ask for after you are taken to the police station. ALL COPS know this. The citizen also has the right in almost all states to choose which test they take, blood test, breathalyser or urine test. Some states no longer allow you to choose the urine test but a lot still do. If you are ever in this position always request the urine test first, if cant then breathalyser and if not that than blood as the last choice. That is the order of most inaccurate to the most accurate. This will help your case be more defendable in court, if you are able to get the most unreliable test.
Even though there is the "implied consent" law you can still choose to REFUSE ALL BAC tests. The penalties are stiffer than an actual DUI but you just denied the prosecutor the absolute most valuable evidence against you, thats why the penalties are so stiff. This may be your best option if you had some drinks and you know you will blow close to, at, or above the legal limit AND your job is directly related or could be compromised by a DUI conviction or DL record, i.e. pilot. For the average joe with a desk job your MUCH better off blowing the breathalyser, failing and taking the DUI conviction or getting a lawyer and maybe getting it reduced. Now with this said, in MOST states the cops can perform a FORCED BLOOD DRAW on the citizen if he/she refuses a BAC. Usually the cops will not do this unless there was a DUI accident where significant property damage or injury/death has occurred or if you were drunk and almost hit people or done something really crazy.
Almost every single cop in the USA will admit that if they want someone to perform a field sobriety test, that they already have made up in their mind to arrest you for DUI. DON'T GIVE THEM MORE EVIDENCE against you! Even if you pass the FST with flying colors the officer will manipulate it in his notes as you failed. EVERY LAWYER on the face of this earth will tell you to NEVER do a FST. ALL FST's are completely subjective. The officer has no clue how you would perform on these tests even if you were dead sober at your best physical and mental peak. FST's are pseudo-science, that is why they are EXTREMELY easy to dismiss or prove to a jury that they are BS.
Also consider yourself lucky if you get a DUI at a "random checkpoint". These are at heart constitutionally illegal and these cases by FAR have the highest acquittal rates of any DUI pullovers. A peace officer MUST have probable cause to pull a citizen over if there are no vehicle infractions (tail light out). "Checkpoints" that pull people out of line at RANDOM DOES NOT count as probable cause.
If you ever get pulled over and an officer asks you have you been drinking you should just say I would like to remain silent. Show him your driving credentials and if he asks for you to perform FST politely refuse. If he then wants you to take a breathalyser ON SCENE, again politely refuse. Once your at the station and asked to take a BAC test then submit in the order previously discussed. If you are a pilot, weigh very carefully in your mind if a DUI conviction would be worse for your life than just losing your DL license for a year and possible 48hrs in jail. If you do find it to be worse its up to you to refuse the BAC. I am not condoning it but its for every individual to choose. This whole scenario would set you up for A GREAT defense against the prosecution. Just be prepared to spend 11k on lawyers to get off or reduced charges.
I do not condone drinking and driving. It is a poor choice to make, it can result in death and damage that is avoidable. But if someone has two glasses of table wine with dinner and then gets pulled over for having a tail light out, then is asked if "you have been drinking" then ends up getting a DUI even though they had no impairment in driving abilities, the law has gone to far. For a little fun go research how the 0.08% BAC level came to be. The American Medical Association when approached by the government and MADD and were asked to determine a BAC level at which a average human was physically and mentally impaired to drive. You know what teams of doctors came up with? 0.15% BAC. Take a look why its been reduced to 0.10% to 0.08% and in 2 years 0.05%. Notice the trend? MADD wants ZERO tolerance for all people behind the wheel. MADD even states this publicly. That means no more going out to dinner and having a glass of wine. Let me ask you how did the human body physically change since the studies by the AMA in the late '70s by TEAMS of PHD's? Of course the body is the same! We are no longer convicting people of Driving While Intoxicated, we are convicting people for have alcohol on the breath! Ever wonder why MOST states had DWI changed to DUI? Driving under influence means even 0.01% BAC is potential conviction! There are convictions of DUI all the time with people blowing BELOW the legal limits! NOTHING IS JUST BLACK AND WHITE.
Take care and drive safe!
oh hells no... why would you think that? DUI/DWI even on the first try are being enforced harsher and harsher...
even in arizona, your first DUI/DWI *WILL* get you one of those breathlyzer things in your car for an entire year or longer!
it could be possible to get it expunged if you were underage when you were caught.. but that's a big IF now a days with the way DUI/DWI's are going down!
barnstormer09
New Member
Wrong. Legal actions don't just go away. They show up on all background checks and DMV reports for at least 5 years, sometimes longer, depending on the location. It's not uncommon for a company to ask for 10 years.
Plus, like RPJ stated, you have to report an alcohol conviction (like a DUI/DWI) to the FAA. And correct me if I'm wrong, it's a question on certificate rating applications and medical applications.
As a pilot who has had legal problems personally(vandalism-cum-terrorism charges), as well as knowing others who have had alcohol related charges and have been successful, the best advice is to admit it, openly and honestly, answer any questions to the best of your ability. Like others have said, setting the scene, although it may seem to justify your actions to you, will make it look like you're avoiding responsibility.
It will only be a deal-breaker if you let them make it one.
Soul Brotha'
Off to go do Black guy stuff
Hey DJ I'm not knocking you man, but you mentioned that you are 36 years old and this happened 3 years ago. So it seems to me that you were 33 when this event happened. I know people catch DUI/DWI at every age range. You being 33 and with a lot on the line would think twice about getting behind the wheel with any alcohol in the system. I really hope you get hired man. Learn from the mistake and move on like others have said.
My Flight Surgeon
Sr. Aviation Medical Examiner
Did you report this to the FAA? http://www.faa.gov/about/office_org...nvestigations/airmen_duidwi/duidwi_reporting/
They are getting really sticky about failure to report. You need to report the "administrative action" to FAA security and then again report the same thing on each medical FOREVER.
They are getting really sticky about failure to report. You need to report the "administrative action" to FAA security and then again report the same thing on each medical FOREVER.
dj4wrd
New Member
Here's where it gets interesting. I hadn't flown in over 5yrs at the time of the DUI, and did not have a current medical. I called LA FSDO and some joker told me not to worry about reporting since I had not been flying and had no medical. Two years later, when I want to get back into flying, I go get a medical. Admit to the the DUI on the medical application, walk out with a Second class and into the blue skies. A month goes by. I get a call from the Doc that administered my medical. He tells me he is getting faxes from the FAA about me. He asks if I lied on the application. I say no. Next thing I know I'm told to come into the Doc office. On the phone is a kind woman from the FAA asking me about the DUI. I tell her why I never sent a letter. She tells me my medical is not valid. Long story short, I had to reapply for the medical (to include paying the Doc once again). No administrative action was taken, but I did repeatedly recieve phone calls from the FAA over the next 5 months reminding me of what I should have done. Odd to me that I kept getting phone calls. I'm about to apply for a First Class and I'm wondering how it will go. Lesson all should take from this, even the FSDO office can mislead you. I was really out of touch with flying at the time and trusted they would be the Answer-Man. Not necessarily true. Go as high up the FAA chain as you can to get an answer, then get the same answer again. I'll be double positive when I need an answer from the FAA. Hopefully I won't put myself in this type of situation again.
dj4wrd
New Member
Yea, sure AOPA is great, but come on. Wouldn't you think the FAA would be a good place to get an answer as well?? That's why I spoke with the FSDO. They are part of the FAA and should give you some acurate info. At any rate, it's over now, just want JC peeps to learn from my experiences if they can.
RPJ
Well-Known Member
Logically you would think so. But in reality if you call the FSDO five times and speak with five different people you will most likely get five different answers, it sucks. Thanks for the write up and best of luck.