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View Full Version : Reporting requirements DUI


Ex Comair Guy
05-22-2018, 01:06 PM
First of all, lucky and blessed I didn't hurt anyone, myself or property! Totally embarrassed and remorseful and deeply sorry.

Haven't flown privately or professionally since being furloughed from OH after we were shut down.

Received a DUI in Illinois September 2017 that I've not reported for the following reasons:
1. My drivers license was never revoked or suspended.
2. I'm on court supervision and was never convicted and the case will be dismissed soon.

However, the arrest record is still there. And I know I will have to checkmark the box when applying for a new medical.

1. Do you guys and gals agree that this is NOT reportable?
2. Since there's no conviction, how will Canada border security view this?
3. How will potential future airlines look at this since I do intend to go back to flying.


Otterbox
05-22-2018, 01:13 PM
First of all, lucky and blessed I didn't hurt anyone, myself or property! Totally embarrassed and remorseful and deeply sorry.

Haven't flown privately or professionally since being furloughed from OH after we were shut down.

Received a DUI in Illinois September 2017 that I've not reported for the following reasons:
1. My drivers license was never revoked or suspended.
2. I'm on court supervision and was never convicted and the case will be dismissed soon.

However, the arrest record is still there. And I know I will have to checkmark the box when applying for a new medical.

1. Do you guys and gals agree that this is NOT reportable?
2. Since there's no conviction, how will Canada border security view this?
3. How will potential future airlines look at this since I do intend to go back to flying.

FAA medical reporting requirements and Airline reporting requirements may be different. Follow the instructions for your 1st class medical

For airlines the DUI is dismissed then you should be okay... if it’s not dismissed, then expect no less than a 5 year cooling off period before most part 121 airlines would be willing to talk to you.

You’re still going to have to jump through a separate set of hoops for Canada...

rickair7777
05-22-2018, 04:02 PM
Received a DUI in Illinois September 2017 that I've not reported for the following reasons:
1. My drivers license was never revoked or suspended.
2. I'm on court supervision and was never convicted and the case will be dismissed soon.

However, the arrest record is still there. And I know I will have to checkmark the box when applying for a new medical.

1. Do you guys and gals agree that this is NOT reportable?


Not sure I agree.


FAA Aeromedical: You definitely have to report it when you apply for a medical. The medical form currently in use was slightly modified from the old one you're used to. You now must report any DUI arrest (conviction or not) when you apply for a medical. They will then evaluate whether you have a problem. My understanding is the initial evaluation is based on BAC... ie high BAC, more hoops to jump through. You'll need to bring all associated court docs to the exam.



FAA Security: You need to notify them (in addition to and separate from aeromedical) within 60 days of conviction or "administrative action". License suspension is definitely an administrative action, but I'm not sure if your court supervision qualifies. Might need to ask an aviation lawyer about that to be safe. My read is that you're good on this one with no suspension/revocation, but I'm not a lawyer.




2. Since there's no conviction, how will Canada border security view this?



I *believe* that no conviction = no problem, just like TSA. The issue in canada is not the DUI, but the fact that a DUI is a felony in canada, and felons are not allowed in. Even if your DUI was a not a felony, it still counts as one in the great white north. But again it's not anything without a conviction. Besides how would they know? If in doubt, call your local canadian consulate and ask them... they deal with this one every day.




3. How will potential future airlines look at this since I do intend to go back to flying.


Regionals will love you if you have an ATP and a pulse.

ULCC/LCC's may actually prefer to hire you on the assumption that you'll be with them for a little while longer before DAL calls due to the DUI.

For the Big Six... it's going to set you back for sure. The big problem is that it's very recent and you're an older, experienced pilot and should know better. With enough time you can probably reach the top tier if you're set on that, but it's simply going to take time and water under the bridge. Hopefull you have NO other background or training issues, and can keep it that way. The silver lining is that the hiring has not even warmed up and even the bigs might get a bit desperate in 5-10 years. Also maybe a silver lining that you were not actively flying at the time... better than getting a DUI while employed as a pilot I suppose.


Ex Comair Guy
05-24-2018, 08:58 AM
I appreciate the feedback!
Thankfully I never busted a checkride since I started flying in '95. Never had any issues during training, line flying etc. I don't even have a speeding ticket.
I will play it safe and notify the FAA and apologize for not reporting within 60 days with an attached letter. While I'm checking all the boxes no as far as suspension/revocation goes and conviction as none of that has happened. The arrest stands and can not be undone or sealed unfortunately.

Ex Comair Guy
05-24-2018, 09:41 AM
The arrest record will appear, other than that, it is a little bit difficult to tell you for sure what each entity will be able to see. I suspect that they will see that you entered a plea on court supervision, but how they interpret that will, to some extent, be up to them. There is no conviction on your record, and assuming you fully comply with the supervision terms, the charges themselves will be dismissed at the end of that one year period. Two years after that, you can file to have them expunged from your record, at which time, they shouldn't be able to see anything. Until then, it is a bit of a gray area, however, the one thing I can tell you with absolute certainty is that they will not see a conviction.

PowderFinger
05-27-2018, 04:10 AM
You may need an AME with HIMS approval ... He/she may offer some useful info.

I agree that the regionals will love you. I don't mean that as a joke. You would be flying real planes with real pax as you know. And, as you probably know, flying beats working.

PowderFinger
05-27-2018, 04:22 AM
I appreciate the feedback!
Thankfully I never busted a checkride since I started flying in '95. Never had any issues during training, line flying etc. I don't even have a speeding ticket.
I will play it safe and notify the FAA and apologize for not reporting within 60 days with an attached letter. While I'm checking all the boxes no as far as suspension/revocation goes and conviction as none of that has happened. The arrest stands and can not be undone or sealed unfortunately.

Make sure you tell them you have not flown since the event.

Whale Driver
06-04-2018, 11:59 AM
I appreciate the feedback!
Thankfully I never busted a checkride since I started flying in '95. Never had any issues during training, line flying etc. I don't even have a speeding ticket.
I will play it safe and notify the FAA and apologize for not reporting within 60 days with an attached letter. While I'm checking all the boxes no as far as suspension/revocation goes and conviction as none of that has happened. The arrest stands and can not be undone or sealed unfortunately.

I don't think you anything to report yet.

"within 60 calendar days of the effective date of an alcohol and/or drug related conviction or administrative action."

I think if you have not been convicted or received administrative action, your next report would be on your next medical application form.

IMO - get it to a Lawyer who is an expert in the FAA's cesspool. NEVER admit or report anything o the FAA that you do not absolutely have too.

Westcoastdude
06-06-2018, 08:07 PM
61.15 only requires you to report a license suspension or revocation.

Report the arrest on your medical application. Find a HIMS AME that can guide you through it.

Canada only cares about convictions. And if there is no paper trail, I wouldn’t report it to the airlines. Make sure there is no paper trail. Get a copy of your DMV records, and FBI background check.

atpwannabe
06-14-2018, 05:37 AM
The arrest record will appear, other than that, it is a little bit difficult to tell you for sure what each entity will be able to see. I suspect that they will see that you entered a plea on court supervision, but how they interpret that will, to some extent, be up to them. There is no conviction on your record, and assuming you fully comply with the supervision terms, the charges themselves will be dismissed at the end of that one year period. Two years after that, you can file to have them expunged from your record, at which time, they shouldn't be able to see anything. Until then, it is a bit of a gray area, however, the one thing I can tell you with absolute certainty is that they will not see a conviction.

If I were you, I'd report it. Don't let this issue come back and bite you in your a$$. Have no secrets. Transparency is key!


atp

jDSTJD
06-14-2018, 12:55 PM
I don't think you anything to report yet.

"within 60 calendar days of the effective date of an alcohol and/or drug related conviction or administrative action."

I think if you have not been convicted or received administrative action, your next report would be on your next medical application form.

IMO - get it to a Lawyer who is an expert in the FAA's cesspool. NEVER admit or report anything o the FAA that you do not absolutely have too.

I can't agree with this advice more strongly. As a municipal lawyer who advises government employees who hold various types of special certifications and licenses, including police officers, it is critical that you hold off on taking any solo action on this before getting thorough professional legal assistance from a lawyer with the relevant experience. Due to the highly regulated nature of your profession, and the high level of emphasis on safety that underlie these regulations, there are so many different ways that an ill-advised admission or statement could create a problem for you that you never would have thought of.
Many people who will offer you advice, despite their best intentions, may not be aware of the nuanced legal issues involved with handling these types of matters. Hiring a lawyer for anything is dreadful and expensive, but I'm pretty confident in saying that when you get this situation properly handled and are able to move forward in your career happily and with prosperity, you won't even remember what you paid your attorney...and if you do it will seem very much worth it.

jDSTJD
06-18-2018, 11:12 AM
I don't think you anything to report yet.

"within 60 calendar days of the effective date of an alcohol and/or drug related conviction or administrative action."

I think if you have not been convicted or received administrative action, your next report would be on your next medical application form.

IMO - get it to a Lawyer who is an expert in the FAA's cesspool. NEVER admit or report anything o the FAA that you do not absolutely have too.

I cannot agree with this advice more strongly. Given the highly regulated nature of your profession as well as the fact that essentially every aspect of the regulations that govern aviation are aimed at ensuring safety, there are a myriad of potential problems that can arise if you admit to an alcohol and/or drug related infraction, regardless of the disposition of the case, without first having received sound, thorough legal advice. There are many nuances to how the law applies in these types of scenarios and given the significant impact an admission can have on your professional future, you really don't want to make any moves that haven't been strategically planned by and/or with your lawyer. You will need to find an attorney with the requisite knowledge and experience in this particular area of the law, including federal and state criminal law, and who is well versed in aviation regulations. You DO NOT want someone who is not experienced in the law that governs your particular dilemma and how to handle it on the front end and who would have to try to clean up a mess after the damage has been done by not knowing how to approach the issues from a strategic standpoint early on.

I know that hiring a lawyer for anything is dreadful and expensive, but given the gravity of your situation, trust me in the end, when you're happy and prosperous in your career with this behind you, you won't even remember how much you paid your lawyer to handle this and if you do remember, you will feel that is was well worth it.

trip
06-28-2018, 07:49 AM
Get a copy of your driving record from the NDR, if it's there then everyone (airlines/FAA) can see it.