Arrested for DWI. FCM/SPC/training questions
 

I was arrested for a DWI about 1 month ago and provided a blood sample (because I refused a breathalyzer) and am now currently waiting to go to trial (will take at least 4-6 months) until the results come back. I have not been arrested before and am currently 23 years old. My plan was to attend flight school this summer, however I have some questions regarding this process now. I want to know the best steps I should take in order to obtain training and pilot licenses quickly.

I am under the assumption that I cannot receive any kind of pilot license within 1 year of conviction, is this correct? Since I have not been convicted at this time, would it be smart to try to obtain my First Class Medical and Student Pilot Certificate now before that may happen? What would then happen with those if I was convicted afterwards? Are the consequences worse than if I waited after conviction to obtain them?

Assuming I received these, should I then begin training? Or maybe obtain these then wait to start training? What’s happen if I receive my conviction during training?

Or should I hold off and wait a certain period after conviction to receive a FCM, SPC, flight training, PPL and so forth? I want to waste as little time as possible and get in the air as soon as I can so this is why I want to know if it’s smart or even possible to obtain certain things now and what the consequences are of each decision path.

What would you do first, second, third, etc.?

I sincerely appreciate any and all advice. I know I’ve made a mistake but I am not giving up on my dream to become a commercial pilot. I just wish to move forward in the best way I can.

First, stop drinking and driving!

Next I would highly suggest you join AOPA legal services or contract with AMAS and let them help you navigate this complicated situation. Maybe even retain an aviation lawyer familiar with your situation. How you proceed with the FAA from this point on is critical. One misstep can land you in a world of hurt - legally, financially, and professionally.

Don't rely on forum advice. You need to contact those who know the industry and the legal processes.

Good luck.

Read question 18v on the MedExpress form. Conviction is not what matters, getting arrested is. The FAA knows that you can easily strike down a DUI/DWI conviction. But if you are arrested and blow more than .15 or refuse to blow, you're screwed.

This above is applicable to the FAA.

The airlines are mostly going to be looking at convictions, and that includes "plead down" convictions like wet reckless, or any reckless.

If you're serious about airlines, pull out ALL the stops, drop huge coin on the best specialty law firm (might be $20-30k+) and try to get it thrown out. If there's ANYTHING on your record other than generic moving moving violations, airlines are going to pull that thread and want the details.

For the FAA, even if it's plead down or thrown out, they will still want to see the BAC results, and based on that may make you jump through a bunch of hoops to get a medical. Expect delays and some kind of substance abuse program at your expense.

The silver lining... you're young. So you'll get a little leniency from airlines based on that, especially after a lot of time has passed and you keep clean record. Also good that you're of legal drinking age, so you didn't start the night out with the sober decision to break the law. Also good that you don't have any pilot ratings yet. They'll be more forgiving of things which happened before you were a pilot.

One other thing... Canada will not allow you into their country for five years after a DUI. Most jet regionals fly to Canada, so you would have trouble getting hired with a recent DUI by most jet regionals. Might have to build time in 91/135.

Thank you all for your responses. I really appreciate you guys taking the time to respond. I will consider all suggestions and information provided.

The Good News:

YOU WILL BE ABLE TO GET A MEDICAL AND PILOT'S LICENSE

The Bad News:

It could potentially take a long time and cost a lot of money.

The FAA looks at alcohol related instances in two different categories. Abuse and Dependence depending on what your blood test results were. I believe the threshold for dependence is .18 but don't hold me to that. If you are classified as a dependent the process is much longer and more expensive. Abuse, while not looked upon favorably, will result in more of a "slap on the wrist" and maybe some monitoring.

Since you aren't an actual pilot yet and haven't received a medical your first course of action should be to speak to an Aviation Lawyer. It's possible that the quickest and cheapest way for you to get into aviation is to simply wait the year and then go apply for a medical/student pilot certificate and be sure to admit to the arrest/conviction. If your medical is rejected because of the DWI then you will have to see a HIMS(Human Intervention Monitoring Something) AME. Basically these are AMEs that are approved by the FAA to "sponsor" and monitor you through the process of obtaining and maintain a medical certificate after an alcohol related incident. If you are classified as an alcohol dependent and need to go through the HIMS program you are looking at upwards of $4K to get your medical probably. The up to 3 years or more of monitoring. And by monitoring I mean total abstinence from alcohol. You'll have to choose between drinking and flying because you can't have both.

But first, talk to a lawyer. Then if you must, talk to a HIMS AME. They are searchable on the google machine.

Good luck and keep your head up.

Human Intervention Motivation Study.

It's not dependence, it's tolerance that they are looking for. And at the world of FAA, it happens at .15.

You don't need a student pilot medical to get flight training by the way. Only to solo and take the check ride.

So you can start training with an instructor before your student pilot cert.

Reference the original post, bear in mind that refusing a drug test is the same as failing one, be it alcohol or drugs. I have a good friend who is without his A&P presently, because he showed up for a drug screening and got tired of waiting and left...he lost his certification, and he's a good mechanic who could be doing far better than he is.

The same is true of pilots. Don't drink and drive in the first place. Get completely away from that kind of stupidity if you hope to fly for a living. In fact, get completely away from that kind of stupidity if you want to live and want others to live. I hate drunk drivers with a passion, and having lost family and friends to them, take it very personally.

That said, make it a point to never refuse a drug or alcohol screen again. Bad things follow.