DUI and the FAA
 

Friend of mine got pulled over and charged with DUI last week. Refused the breath test and was held for 24 hrs.
Had another incident about 10 years ago, was aquitted at trial.
Is his medical in jeopardy?
I had always been told the FAA thinks 2 incidents in 5 years is bad, but he is kind of worried about it.
Anybody in the know?

I know that if there is any DUI presence in the background check, airlines will not be hiring him. You can't be a pilot with a DUI, but you can be a cop :)

Not smart to refuse a breathalyzer. Most states have Implied Consent laws and I believe its in the FARs as well. There was a chance he could have passed, but by refusing he is going to have a hard time fighting the charge in most states. His medical should be safe, but if the FAA goes after something, it will be his certificates. Talk to an aviation lawyer. I believe AOPA also has legal advice if either of you are members.

Pilots please invest in the keychain breathalyzer(Brookestone, skymall ) go to the bar get hammerd right away and just chill the rest of the night. If he would have had it at least he would have known to take it or not. DAMN DAMN DAMN. I feel for ya.

It is called 2 MVAs in a period of three years. Refusing a breath test is also considered an MVA. The deal with refusing is he will HAVE TO (MUST) submit the refusal on the appropriate form within 60 days of the date of refusal.

He should not be in jeopardy if that time frame is truthful. However these are guidelines. The FAA can do anything they want.

If he has had 2 MVAs in the past 3 years, the FAA can and will most likely suspend his medical. There is a way to beat this through a company that specifically deals with this and other medical events.

If you have any other questions, please PM me, I can give you a contact number, website etc.

Good Luck to your Buddy,

AA


Here is a link with excellent information

http://www.faa.gov/about/office_org/...airmen_duidwi/

Get a lawyer. Still wish people would think about the consequences before they drink and drive. It's a whole lot cheaper to call a cab than a lawyer... I hope it works out well for him. Your DL could be suspended if you refuse to blow in some state.

Wow.

It might cost, at most, $50 for a cab ride if you have to go from one side of town to another. Yet people still get in a car and drive drunk. This guy probably just screwed his career, cost himself thousands of dollars in fines, probation, suspension of drivers licesnse, court and attorneys fees, etc.

What's worst, he could have easily killed somebody innocent. Sorry, but I have no sympathy for anybody that gets a DUI/DWI these days.

I'll 2nd the whole post there. Pretty much says it all. I'm not against having a drink(or many), just as long as it doesn't jeopardize someone else's life.

I don't!
Yank his driver's license and let him try again in a year.

You guys come across as rather "high and mighty". You do not know what exactly happened to him, so do not judge, I take it all of you have never had a beer or two and then gotten in your car...

Am I against drunk driving, "yes", would I recommend getting a cab, "yes". However people of "ALL" walks make mistakes in life. Please realize there are many things we as humans can screw up on, how we handle it and or how we judge the situation "defines" who we are.

I hope he learns from his mistakes, however I do not wish someone's career down the drain. If he repeats this mistake then he needs help, and I hope he gets it. These are why there are programs set up at our respective airlines.

As a pilot how works with the HIMS program at my airline, I have seen many different cases.

We "ALL " can fall in life, how about offering a hand of help, rather than a "spit" in your face mentality.

AAflyer

P.S. I do not have a DUI, I am not doing this becuase of my past, it was the way I was raised. Pilots helping Pilots.

Lawyers always recommend not taking the mobile breathalyzer test because they are not as accurate as base station units. If you are really plastered the difference could be critical between the two and your fate regarding which charges are brought against you.

A keychain breathalyzer is better than nothing but very inaccurate. I bought an actual police mobile unit from Intoximeters, Inc. to keep in the trunk of my car, so if I have any doubt about how close I am to .08 then this thing lets me know within something like 3% of actual. DUIs destroy careers. I am not even a pro pilot and I am worried about it. The corporation I work for will fire anyone who gets one. It has become a felony in cultural terms these days, not true 25 years ago.

Keychain breathalyzers and mobile units in your trunk? These all sound cool but they are not 100%. The best method I know to avoid DUI is to make the decision not to drive before you have the first drink. Take a cab to the bar; then you have no choice but to take one back. Or you can make a game out of it and see who can get a girl to give you a ride home...

Best Choice yet..:D

AA

AA flyer , tried to PM you but your quota of unread msgs was exceeded.
Can you PM me the info you mentioned?
phone number?

I would appreciate it.
My buddy has a good lawyer for the DMV part,
more concerned about the FAA reaction
Thanx

Better yet just don't have any friends, or go out of the house! 100% success.

Cubby's right! Why leave the house and party when you can drink tap water and watch PBS?!?!

I'll tell you what though, his charge would probably have been a whole lot worse if he would have taken the breathalizer...I think he was pretty smart in refusing as long as he gets a lawyer...most lawyers will ask why you didn't refuse, because the most they can do if you did take it and failed is they can ask the judge and cop to bump you to a lower bracket level of intoxication. Otherwise they can't prove anything...my brother had a DUI, so I feel pity for the person getting it, but I've also seen a drunk driver not stop at a redlight, hitting the person in front of her, who hit the person in front of her, who hit the person in front of him...and the people getting hit were probably just a little p@ssed cuz they had to pay for the car in front of them even though they were a good amount of car lengths apart...

Viking,

I PMed you and cleaned my mailbox out, let me know if you got it..

AA

www.Aviationmedicine.com has pretty good information concerning DUI's. Know your rights, I'm not saying go out and throw some back then get behind the wheel, sometimes bad things happen to good people.

Read FAR 61.15 also, if they did any administrative action on his drivers license or driving privelegs whatsoever the FAA wants know about it in 60 days from the incident.

If he refused the breathalyzer and his state has a law that if you refuse they take your license, or if you take the test and you fail then they take your license its considered adiministrative action on your license. If the state doesnt have any law saying they take your license due to a refusal then there is no action on your license. Most states will take some sort of action on your license regardless though, some are liberal and some are conservative, just depends. A good attorney, not just an aviation lawyer can help with this.

Thats hilarious, make it a game to see who can get a girl to drive you home, loser pays for the cab.