FAA DUI Policy

How about MIP/MIC I have a student getting ready for a medical and had a MIP in the past but was cleared from her record when she turned 21. Will this matter? I don't like to f around with the faa.
 
A few questions on this. When I was 18 and a freshman at TAMU I got a public intoxication ticket from a jack ass cop for being a stupid teenager, anyways I plead no contest, along with my 5 other friends, paid my fine and moved on with my life. Now 8 years later I'm reading this for the first time and saying WTF??
I have 3 questions:
1. In Texas you can have one Alcohol related offence expunged off your record when you turn 21; so do I really have to report something that I was never convicted for and that was later expunged?
2. How can they legally ask you about at arrest that you were not convicted of, this seems like a complete violation of our entire judicial process. Please tell me that someone is challenging this, I think it would be an administrative law type case?
3. Say you didn't answer the question, what are the chances that they actually do something or that they will even find out? When I got the job I have now they asked if I had ever been arrested and I answered no because I was told by a lawyer that unless you were convicted you don't have to answer that question (I also passed the background check), however, I think things are a little different with the Feds given they have the ability to do an FBI background check which shows every time you took a sizable bowel movement. :yar:
 
< pruned the discussion...again. Posts not directly looking for input from the Flight Surgeon have been moved to General Topics...AGAIN. :mad: >
 
My Flight Surgeon said:
The Federal Aviation Administration has a new policy on a single DUI (driving under the influence, or driving while intoxicated) offense. Airmen must now report arrests, convictions, and administrative actions by checking “yes” at line 18.v of FAA Form 8500-8. There is also a requirement to report within 60 days any of the previously mentioned actions to FAA Security, per Title 14 Code of Federal Regulations
part 61.15 (e). You must also report the DUI on the very next FAA medical examination! In the past, the FAA gave the airman a “free pass” on the first DUI offense. The AME must now obtain the court documents (read this to mean the airman must provide them to the AME) and the AME must question the airman, and if the airman had a blood alcohol level of > 0.15 or a positive alcohol test, the AME must defer the airman’s medical certification to the FAA. If the airman refused to allow the police to take a sample, the AME are required also to defer. The FAA will then insist that the airman obtain a substance abuse evaluation from a recognized counselor as a condition of further consideration of issuance of a medical certificate.
Click to expand...

Doc.
Do you know where to find what the FAA considers a "recognized counselor" a friend of mine is going through this and I think the letter he got said something like "familiar with aviation standards" and he can't find anyone that knows what that means/ what is considered acceptable. Thanks.
 
Best to hire an aviation attorney as well. Let them submit the information, otherwise if you profer any information it can be used.
 
shaba169 said:
Doc.
Do you know where to find what the FAA considers a "recognized counselor" a friend of mine is going through this and I think the letter he got said something like "familiar with aviation standards" and he can't find anyone that knows what that means/ what is considered acceptable. Thanks.
Click to expand...

Mario Finkelstein, MD
Morristown, NJ
201-871-0021

or

James Hill, PhD
Newark, NJ
973-972-2977

IMO you do not need an attorney. The review of the addiction report is sufficient.
 
DR,

Sorry to beat the dead horse on this, but I was up at my flight school this morning and the DO who performs most of the medicals was there and I asked him abou this and he was not up to speed.

I did get a DUI 10 years ago. I was convicted, fines, loss of license, etc... On all of my FAA medicals I have answered yes to the alcohol related offense question.

My question is I just got my 3rd class medical this summer. Do I need to do anything in regards to the DUI?

Thank you in advance.

CB
 
If you have been reporting there will be nothing else you need to do. This is primarily for newly reported events.

This is also why one needs to see an AME who performs a lot of examinations.
 
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