DUI Reporting

My Flight Surgeon

My Flight Surgeon

Sr. Aviation Medical Examiner
Here is a copy of the contents of a letter from the FAA regarding a pilot who forgot to report a DUI on his medical application. The FAA takes this seriously.

"Based on the information received from the state of XXXXXXXX, there is evidence that you intentionally provided false and fraudulent information on you medical application, in that you were convicted on XXXXX XX, 2004 and answered "No" to that question on your medical application.

This letter is to inform you the this matter is under investigation by the FAA. We would appreciate receiving any evidence or statements you might care to make regarding this matter. Any discussion or written statements furnished by you will be given consideration in your investigation. If we don not hear from you, our report will be processed without the benefit of you statement. "

You must send a Notification Letter ( http://www.faa.gov/about/office_org...sh/ash_programs/investigations/airmen_duidwi/ ) to the FAA Security folks within 60 days of the incident and report it on EVERY medical you ever take after that time.
 
Why would anyone intentionally lie on the application specially when feds are randomly checking the data base.:banghead::banghead::banghead:
 
A year ago I went for my 3rd Class and answered yes to the DUI question. (I got one when I was 19 in 1999). When I told some people at my Flight School about my truthful answer on my medical I was shocked when more then one person said "why would you answer that question "yes" when it was ten years ago". They kept saying the FAA never investigates.

Having delt with the government on paperwork (military) I always urge people to be truthful. They will find out and they hate when you lie.
 
You also need to keep in mind that if you falsely answer a question on a medical, the FAA may not check it out at that time, but has the right to do so at any time in the future. You should expect that anytime you have an incident everything you have ever filed with the FAA will be investigated.

So while you might get away with it for a brief time, the odds are that it will catch up with you. When it does the consequences are far worse than just truthfully answering the question correctly in the first place.
 
I received a phone call from a former student of mine. He was a Naval Aviator going through Initial Flight Screening (IFS) and had a similar situation. His explanation to me was that when he went to the AME for the third class medical, there were so many of them going and that he was getting rushed through the office and accidentally checked no when it should have been yes on the DUI question (wasn't reading the paperwork carefully). Also, his charges were dropped and found not guilty but still, he was charged with it. I had this student back in November and has since finished the IFS program about 1.5 months ago. Well, a week ago he got a letter from the FAA and there's actually going to be a hearing. Long story short, as was mentioned earlier, whether its now or later, it will come up and it is a lot more hassle now for this student than if he would have marked it correctly in the first place.
 
I think it is BS that if you are charged with a DUI and later it is thrown out or you are found not guilty you still have to declare in the medical.
 
Bandit_Driver said:
I think it is BS that if you are charged with a DUI and later it is thrown out or you are found not guilty you still have to declare in the medical.
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clearly , but how can someone possibly be found not guilty on a DUI charge? tell me your secret :beer:
 
mdspytko said:
I received a phone call from a former student of mine. He was a Naval Aviator going through Initial Flight Screening (IFS) and had a similar situation. His explanation to me was that when he went to the AME for the third class medical, there were so many of them going and that he was getting rushed through the office and accidentally checked no when it should have been yes on the DUI question (wasn't reading the paperwork carefully). Also, his charges were dropped and found not guilty but still, he was charged with it. I had this student back in November and has since finished the IFS program about 1.5 months ago. Well, a week ago he got a letter from the FAA and there's actually going to be a hearing. Long story short, as was mentioned earlier, whether its now or later, it will come up and it is a lot more hassle now for this student than if he would have marked it correctly in the first place.
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Well, it's either one or the other, not both. Either the charges were dropped, abandoned, or dismissed (in which case you would be INNOCENT) or the case goes to trial and you are found not guilty. Two different situations entirely.
 
Actually spoke to a friend of mine a dui attorney and said if you're arrested under suspecious of dui and after 12000$ the court finds you not guilty, You don't have a dui felony charge however you still have a dui arrest. So if you're asked if you have a dui felony the answer is no and if asked have you been arrested for dui the answer is yes. GO FIGURE>:insane:
 
TWF said:
clearly , but how can someone possibly be found not guilty on a DUI charge? tell me your secret :beer:
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63 times in this case, out of 300 arrests.

There was a case of a police officer here a few years back that was making bogus DUI arrests. Someone noticed eventually that he was making statistically too many arrests, and the average Breathalyzer numbers were statistically too low. Yet in every case he observed smell of alcohol, slurred speech, glassy eyes, etc. He lost his job eventually, but I'm sure it ruined a lot of peoples lives.

FYI - this guy works for the TSA now...

http://www.sptimes.com/2007/06/22/Hillsborough/DUI_deputy_defends_hi.shtml
 
AviatorGator said:
Well, it's either one or the other, not both. Either the charges were dropped, abandoned, or dismissed (in which case you would be INNOCENT) or the case goes to trial and you are found not guilty. Two different situations entirely.
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I'm sorry, I may have gotten the terms mixed up. What I'm saying is he was caught but when he went to court, the charges were dismissed. Now I don't remember the wording on the medical app but doesn't it say something to the effect of "have you ever been tried with a DUI whether you were found guilty or not?" I don't remember the exact wording but something along those lines is what he got caught on. I spoke with him today, and since he is in the Navy, JAG is getting involved and representing him. Hopefully he'll be ok as he really is a great guy. I'll keep you posted as to how it turns out.
 
mdspytko said:
I'm sorry, I may have gotten the terms mixed up. What I'm saying is he was caught but when he went to court, the charges were dismissed. Now I don't remember the wording on the medical app but doesn't it say something to the effect of "have you ever been tried with a DUI whether you were found guilty or not?" I don't remember the exact wording but something along those lines is what he got caught on. I spoke with him today, and since he is in the Navy, JAG is getting involved and representing him. Hopefully he'll be ok as he really is a great guy. I'll keep you posted as to how it turns out.
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Yeah this issue comes up from time to time because I believe the new wording on the medical application asks if you have ever been arrested for DUI or had an enforcement action taken against your driving privileges. The Dr. would be a better source of information there. If you search this topic it should come up because this was recently discussed by the Dr. if I recall correctly.
 
The 8500-8 asks "History of (1) any arrest, and/or conviction(s) involving driving while intoxicated by, while impaired by, or while under the influence of alcohol or a drug; or (2) history of any arrest, and/or conviction(s) or administrative action(s) involving an offense(s) which resulted in the denial, suspension, cancellation, or revocation of driving privileges or which resulted in attendance at an educational or a rehabilitation program."

If you get sent to a driving school class, you must report it.
 
My Flight Surgeon said:
The 8500-8 asks "History of (1) any arrest, and/or conviction(s) involving driving while intoxicated by, while impaired by, or while under the influence of alcohol or a drug; or (2) history of any arrest, and/or conviction(s) or administrative action(s) involving an offense(s) which resulted in the denial, suspension, cancellation, or revocation of driving privileges or which resulted in attendance at an educational or a rehabilitation program."

If you get sent to a driving school class, you must report it.
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Well I don't know if he had to attend classes or what, but all I know is that the FAA found it and now there is going to be a hearing/trial or something along those lines. Thank you for the info. I am just trying to illustrate that it can/most likely will catch up to you if you lie about it.

Along those lines, what if someone lied on the application, but now decides he wants to come clean about it with the FAA before they find out on their own, do you think he would still get in that much trouble??
 
TWF said:
clearly , but how can someone possibly be found not guilty on a DUI charge? tell me your secret :beer:
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Police have to follow certain protocol to procure evidence if they suspect a crime has been committed. Even if a person was obviously guilty a police officer not handling things right can make a clear cut case be thrown out. Just one example out of god only knows how many possibilities. God I love Lawyers! :bandit:
 
I did find this interesting though, as it applies to me:

Brief story, drove home one evening...turned onto my street...3 police officers standing outside their cars (while on duty)...I had to swerve to miss them...and they decided to stop me. After administering a faulty test (which I did pass), they decided to try and get me do a breathalyser. I refused and requested a blood test instead. At which time, I was placed in cuffs and charged with "DUI:Pending".

After a month of so, and lawyering up...I received the report that I was under the legal BAC...but that they still wanted to pursue the issue.

After many months, and me having to go to my Horizon interview with it still pending (Talk about an uneasy conversation), the charges were reduced to Reckless driving.

I never had any administrative action taken against my license (it was not suspended).

Moral of the story, and the lesson learned, don't do anything at all that can jeopardize that ticket in your pocket...period!

Now, I found this on the FAA's FAQ's regarding my situation:

http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi/airman_faqs/

If the charge of Driving Under the Influence (DUI) is reduced to Reckless, Careless, or Negligent driving by the court, do I have to report it?

No, we do not consider a conviction for Reckless, Careless, or Negligent Driving a reportable motor vehicle action (MVA). However, you must report the first suspension, if any.
 
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