DUI

lusid89

Well-Known Member
Hello all. I recently applied for my medical. I became a pilot in 2000. My problem is this. I received a DUI about 3 years back for a BAC just over the legal limit. I was given the option to complete a 1 year diversion which I did and the charge was subsequently dismissed. At no time was my Driver's license suspended and no conviction took place. However, while reading the questions carefully on the medical app, I noticed the question pertaining to DUI's state the word "arrest". So I chose to mark yes and expain in detail. This brings me to my most stressful concern. This was my second alcohol related occurence. There was an incident when I was 20 years old when I was pulled over after consuming 1 drink (no lie) I had others in the car who had many drinks and filled my vehicle with the stench of booze. Of course the officer suspected I was intoxicated and gave me an option. I take a field test, or I could decline. Thinking i could be at risk for a minor in consumption charge I politely declined. To which I was promptly arrested. Of course I was only happy to cooperate at this point and blew a .03. Well within legal limits if I was 7 months older. However I was still issued a DUI because I was under 21. This charge was promptly dismissed by the prosecuter before it even went to court. I have never divulged the first event on the medical because I never noticed that word "arrest" before. I understood they were looking for convictions only. So to avoid digging a deeper hole I listed both events this time. Now I'm waiting to hear from the FAA as they investigate. My intentions were never to hide the first one, I really thought it was not an applicable situation. Am I in deep trouble? Thanks so much.
 
They will probably ask for copies of the court records from both events. They may even ask for an evaluation by an addiction expert. Failure to supply what they request wil result in a denial.

Did you report the second DUI to FAA security within 60 days of the arrest? That is also a requirement and they may come looking for you too.

Folks, I hate to have to repeat this but HONESTY IS THE BEST POLICY.
 
I Didn't report the DUI to the FAA until the Medical application. My attorney and I both Studied the FAR's and understood that a DUI is only reportable if a Conviction takes place or an administrative action occurs (such as driver's license suspension) Neither one took place. Did we both misinterpret the FAR's? Should I have reported it? If so I will send it out monday morning. Better I do it late then not at all right?
 
This leads me to my greatest fear. I have recently learned that my Driver's license was probably suspended on the first DUI for refusing the field breathalyzer. Although I don't remember this ever happening I was a dumb kid and it was 11 years ago so who knows. So technically if it was suspended, and I was supposed to report the arrest, I would be guilty of falsifying my first 2 medical apps when I failed to reveal that info. Could I really end up in Federal prision with the Murderers and rapists because I made a mistake answering a question 9 and 5 years ago? Is there a statute of limitations for falsifications? Or would I receive any mercy since I reported everything on my most recent app? This is the scarest thing I've ever dealt with, it's making me sick.
 
As far as getting a job with a DUI. I talked to the head recruiter of a very big airline. She said if the applicant has a DUI it's an automatic "throw the resume" away deal if it's inside the 5 year mark. After 5 years of a clean record then it's fine. With that said, nobody wants to know anything unless it was a conviction. If it wasn't a conviction, DO NOT volunteer any information on an application. You're innocent until proven guilty.
 
Just wait till the FAA asks for information. If they request it, submit exactly what they request. Wait for their reply then if need be after that, contact AOPA legal services. Most attorney's who do not deal with the FAA regularly may not be aware of all of the regulations.
 
Ok thanks for the info, I will try to be patient. After all, I have no other choice. Just hope I can serve as an example to others not to make the same foolish choices. :banghead:
 
I have recently learned that my Driver's license was probably suspended on the first DUI for refusing the field breathalyzer.

§ 61.16 Refusal to submit to an alcohol test or to furnish test results.

A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with §91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with §91.17(c) or (d) of this chapter, is grounds for:

(a) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that refusal; or

(b) Suspension or revocation of any certificate, rating, or authorization issued under this part.
 
§ 61.16 Refusal to submit to an alcohol test or to furnish test results.

A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with §91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with §91.17(c) or (d) of this chapter, is grounds for:

(a) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that refusal; or

(b) Suspension or revocation of any certificate, rating, or authorization issued under this part.

Sec. 91.17

Alcohol or drugs.

(a) No person may act or attempt to act as a crewmember of a civil aircraft--
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person's faculties in any way contrary to safety; or
[(4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.]

(b) Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.
(c) A crewmember shall do the following:
 
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