Originally Posted by
Bahamasflyer
Are you including PAST/roadside breath unit in this?
Absolutely never refuse any other tests you listed, buttt I’m told the ONLY breath test where there is legal jeopardy involved for suspicion of DUI is a post arrest machine at the station (which undergoes very rigorous calibration etc).
A PAST is only used to further incriminate you.
While you absolutely have to report a DUI arrest to the FAA, I seriously doubt they could take certificate action in the absence of a CONVICTION.
Isn’t that the whole reason we have a court system to begin with??
Of course best thing is never drive after drinking which is why I bite the bullet and always pay the $35 for Uber
The FAR's don't make that distinction, a refusal is a refusal. There may or may not be case law that clarifies that.
You don't have many of the usual judicial protections under federal regs and admin law. Your certs are a privilege, not a right and they cannot jail you (only cert action and relatively small fines). If you do something really bad that gets DOJ involved (ie federal felony) then of course all the normal legal rights apply.
Also if you refuse a road-side test of any sort, most states will suspend your license, then your medical is in jeopardy under 18(v). Even fewer protections there.
As you said, best to avoid having to fight the battle at all. Totally within your control.