Moving "FAA DUI Policy" posts from Doc's forum...AGAIN!

Inverted25

Inverted25

Well-Known Member
No I had a underage not a big deal. Just had to send court papers and police reports. DUI are the big deal. They will send the student a letter stating dont get another alochol related conviction. PM me for more info and let me know how it goes.
 
Re: FAA DUI Policy

Jbroz04 said:
if they ask for a evalution expect to spend between 2000-3000 on that. I'm not sure if they would make you get one. it is possible though since you had two alochol related convictions. If it was just one it wouldnt be a issue. They basically are looking to see if you have a alochol abuse problem. It is a lengthly process though. Looking at probally at least 3 months.
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We had a member on here spend ~6,000 in medical fees. He got caught using his brothers ID to by alcohol as a minor. He had to do numerous psychological / psychiatric tests and in the end got told no.
 
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Will do. Just wasn't sure if the information should be included or what. I didn't want her to shoot herself in the foot by volunteering information that wasn't required.
 
Re: FAA DUI Policy

We had a member on here spend ~6,000 in medical fees. He got caught using his brothers ID to by alcohol as a minor. He had to do numerous psychological / psychiatric tests and in the end got told no.
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Dang thats sounds kinda harsh. I wonder if there was something else that contributed to him getting told no. I mean a single DUI doesnt get you denied generally. And I know through my experience and a know like at least 5 others who have underages who got their medicals. I wonder if it had to do with him using another id to buy it that made it worse in the FAA eyes.
 
Re: FAA DUI Policy

Jbroz04 said:
Dang thats sounds kinda harsh. I wonder if there was something else that contributed to him getting told no. I mean a single DUI doesnt get you denied generally. And I know through my experience and a know like at least 5 others who have underages who got their medicals. I wonder if it had to do with him using another id to buy it that made it worse in the FAA eyes.
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Well it's a felony to have a fake these days so thats probably why.

My roommate a got a minor in possession and went in to get his medical, the doc told him that he needed to send his file to okc....for a minor, wtf?
 
Re: FAA DUI Policy

yea a felony is a big no no.. for MIP which is basically the same thing i had different name here.. i had to send police record, court record, and letter of what i think happened..had the medical in like two weeks.. how did it work out for your friend
 
Re: FAA DUI Policy

PGT said:
Well it's a felony to have a fake these days so thats probably why.

My roommate a got a minor in possession and went in to get his medical, the doc told him that he needed to send his file to okc....for a minor, wtf?
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That is the stupidest thing I've heard. The amount of rights a felon loses is immense. Besides the obvious of not voting and can't have a gun it goes way beyond that. You can't hold any professional license, so that means that youre essentially going to be poor forever (unless youre already rich like JO.)


So because you wanted to get a 6 pack of nattie lights when you were 19 your entire life is ruined?
 
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yea that does seem harsh.. what state did you friend live in when he got caught? In ohio using a fake id is a first degree misdeamnor.
 
Re: FAA DUI Policy

. 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?
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Actually you were convicted. A no contest plea means that you dont think your guilty but you dont have any facts to support that so you want that judge to go off what the police report says. Basically your saying you dont contest what the officer wrote in his report but you dont think your guilty either. At that point the judge will find you guilty and give your punishment right there. For you it was a fine. But technically if you pull your court records it will say plead no contest found guilty. Now were you arrested at the time? If if just got the citation then you will have no arrest record. Just a record of the final depositions which was your plea and found guilty and your fine.


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?
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The asking for arrest not convictions is a new thing that is going to trip up alot of people. One notable person is Patty Wagstaff. She was arrested for a DUI and got it reduced to reckless op I believe. Now she is going to have to check yes to the arrested for DUI and it may cause her problems with her medical who knows. I am with you in hoping that someone steps up and challenges this.



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:
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If it was expunged off your record than no you dont have to report it. its like it never happened. But it will still show up on a FBI background check.



EDIT: Doing some research in Texas a public intoxication is a class C misdemeanor. So if you had to pay the fine than you were found guilty. You may not of completely understood what a no contest plea really means. Many people mistake it for thinking by pleading no contest they aren't being convicted when in fact you are. From what my dad tells me (hes a lawyer) a class c misdemeanor stays on your record for 7 years and than is no longer viewable except by law enforcement.
 
Re: FAA DUI Policy

EDIT: Doing some research in Texas a public intoxication is a class C misdemeanor. So if you had to pay the fine than you were found guilty. You may not of completely understood what a no contest plea really means. Many people mistake it for thinking by pleading no contest they aren't being convicted when in fact you are. From what my dad tells me (hes a lawyer) a class c misdemeanor stays on your record for 7 years and than is no longer viewable except by law enforcement.[/QUOTE]

Really appreciate you taking the time to respond in such detail. To your last point, since it's off there in 7 years do I have to report it since it was 8 years ago? I really hope someone challenges this, surely there has to be some blow hard trial lawyer with a Bonanza that will step up to the table.
 
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As far as reporting it on your medical I would talk to your AME about it. Mine was expunged off my record but my AME still had me report it. A public intox wont cause you any hassle. You will just get a letter from the FAA saying if you get another acohol related offense you will have to deal with them. Now if you have gotten medical in the past and not reported it i would be careful. In that case I would get a hold of the AOPA legal services and let them guide you. The question asking if you have ever been arrested only deals with alcohol offenses that were related to a DUI or that resulted in your licenses being suspended or revoked. SO your public intox doesnt apply there. You would have to answer yes to 18w which is non traffic convictions in which the example it gives public intox as one of them. Like I said just talk to your AME about it next time you go for a medical. Tell him that it is expunged and see what he says. Thats the best advice I have for you.
 
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So if the offence is expunged and cleared from your record after the age of 21, A 22 year old first time applicant would not have to report the MIP?

Also I was wondering, lets say g-aggie has had a medical for 5 years or so and has not previously reported the offence which was 7 years ago, if he reports it now could action be taken for not previously reporting it?

I guess this belongs more in a legalities forum rather than ask a flight surgeon.
 
Re: FAA DUI Policy

Even if it is expunged they should ask their AME if they should report it. Mine was expunged but he told me to still report it bc it would show up on the background check the FAA runs. Like I said its no big deal. If they FAA finds out you have something that you didnt report they can revoke your medical and pilot certificates. Play it safe and tell the examiner.
 
Re: FAA DUI Policy

And remember even though you turn 21 you still have to fill out the papers to have it expunged and have a judge approve it. Its not a automatic thing.
 
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This is my first experience with a student who actually had a previous offence other than traffic violations. I just don't want to steer her in the wrong direction. It will have to be discussed with the AME. Thanks for the help!
 
[modhat]For the second time I cleaned posts out of the Flight Surgeon forum. Come on guys, leave that forum for the good doctor to give advice. If you want to carry on a discussion, do it else where. I don't want to clutter up his already busy day trying to wade through every nuance that you guys want to discuss. If you have a question for the Doctor, do it there. Otherwise take your discussion elsewhere.

Thank you!
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Sorry about getting off topic in the Doc's section.

To answer the previous question I have had a medical for quite some time and I have never reported it, not because I was being sneaky I just forgot about the whole thing and I never thought it was that big of a deal until about 3 hours ago when I read all of this. For the life of me I do not understand what the Feds are thinking on this one, there are so many important issues in aviation right now and they are concerned with someone who got a drinking ticket almost a decade ago. ​
 
I really wouldn't sweat it. Just tell the AME next time you go in. Explain your situation. Shouldn't be a issue. Like I said I been through the process of having a underage and its not a big deal. The only ones that cause you hassle are the ones covered under 61.15. Drugs and DUIs. For public intox and underages, unless you have more than one they just say dont get introuble drinking again.
 
Don't know what happened with the JC guy, if he had something else going for him or what.

But my friend said he had to wait 3 weeks to get his medical and FAA said one more and he loses it, not sure if he meant minor in procession or any alcohol offence in general.
 
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