DUI Medical Revocation
08-02-2011, 09:00 AM
#21
Rubber dogsh#t out of HKG
Joined APC: Jan 2008
Position: Senior Seat Cushion Tester Extraordinaire
Posts: 620
Flutter,
You seem to think that atpwannabe is saying that the FAA waits for your own disclosure of a DUI, as if to test you. I believe that he is simply saying that if you get a DUI and you do not have a valid medical, the FAA "waits", in a sense, as there is no reason to act on a pilot that just got a DUI if he has no medical in the first place to revoke. In the case of the OP, he had a pending case and he was being watched, so to speak. If he does apply for a medical, regardless of whether he discloses his DUI, they're likely to check the NDR because he is already on the FAA's radar for the first case.
That's my take on your conversation.
You seem to think that atpwannabe is saying that the FAA waits for your own disclosure of a DUI, as if to test you. I believe that he is simply saying that if you get a DUI and you do not have a valid medical, the FAA "waits", in a sense, as there is no reason to act on a pilot that just got a DUI if he has no medical in the first place to revoke. In the case of the OP, he had a pending case and he was being watched, so to speak. If he does apply for a medical, regardless of whether he discloses his DUI, they're likely to check the NDR because he is already on the FAA's radar for the first case.
That's my take on your conversation.
08-02-2011, 11:42 AM
#22
Line Holder
Joined APC: Feb 2011
Posts: 54
Originally Posted by Radials Rule
Flutter,
You seem to think that atpwannabe is saying that the FAA waits for your own disclosure of a DUI, as if to test you. I believe that he is simply saying that if you get a DUI and you do not have a valid medical, the FAA "waits", in a sense, as there is no reason to act on a pilot that just got a DUI if he has no medical in the first place to revoke. In the case of the OP, he had a pending case and he was being watched, so to speak. If he does apply for a medical, regardless of whether he discloses his DUI, they're likely to check the NDR because he is already on the FAA's radar for the first case.
That's my take on your conversation.
You seem to think that atpwannabe is saying that the FAA waits for your own disclosure of a DUI, as if to test you. I believe that he is simply saying that if you get a DUI and you do not have a valid medical, the FAA "waits", in a sense, as there is no reason to act on a pilot that just got a DUI if he has no medical in the first place to revoke. In the case of the OP, he had a pending case and he was being watched, so to speak. If he does apply for a medical, regardless of whether he discloses his DUI, they're likely to check the NDR because he is already on the FAA's radar for the first case.
That's my take on your conversation.
I got a DUI, disclosed it and suffered the consequences. So, when atpwannabe said the FAA waits for you to bring it up first, it got me thinking.... what if I didn't bring it up first? Because if you don't bring it up, and they only bring it up if you do, then....?
If a pilot gets a DUI, I recommend following the notification requirements, both as it relates to your license and your medical. Don't believe that the FAA will only bring it up if you bring it up first.
08-05-2011, 01:17 PM
#23
Gets Weekends Off
Joined APC: Apr 2009
Position: Courtroom
Posts: 177
Originally Posted by ArcherDvr
If you do manage to get your medical and your licenses back, I believe you will be able to find a job instructing. Eventually you may be able to go to an airline, but don't count on it for at least 5 years and maybe even more realistically 10 years. I have some experience with this and the big issue for most airlines is not the DUI itself (once some time has past), but the inability to go to Canada. That being said I do not know how they would feel about two DUI's or a DUI and a license suspension. My feeling is that if you are willing to instruct for 5 to 10 years, you may have a shot, but you'd better keep everything clean during that time.
08-05-2011, 01:44 PM
#25
Gets Weekends Off
Joined APC: Apr 2009
Position: Courtroom
Posts: 177
Originally Posted by Radials Rule
Flutter,
You seem to think that atpwannabe is saying that the FAA waits for your own disclosure of a DUI, as if to test you. I believe that he is simply saying that if you get a DUI and you do not have a valid medical, the FAA "waits", in a sense, as there is no reason to act on a pilot that just got a DUI if he has no medical in the first place to revoke. In the case of the OP, he had a pending case and he was being watched, so to speak. If he does apply for a medical, regardless of whether he discloses his DUI, they're likely to check the NDR because he is already on the FAA's radar for the first case.
That's my take on your conversation.
You seem to think that atpwannabe is saying that the FAA waits for your own disclosure of a DUI, as if to test you. I believe that he is simply saying that if you get a DUI and you do not have a valid medical, the FAA "waits", in a sense, as there is no reason to act on a pilot that just got a DUI if he has no medical in the first place to revoke. In the case of the OP, he had a pending case and he was being watched, so to speak. If he does apply for a medical, regardless of whether he discloses his DUI, they're likely to check the NDR because he is already on the FAA's radar for the first case.
That's my take on your conversation.
This is a very straight forward process.
1. John Doe is a pilot and is arrested for DUI. Johnny has 60 days to report the DUI to the Security and Investigations Division.
2. The Security and Investigations Division will forward the notification to Oklahoma City about Johnny's DUI arrest. Oklahoma City will send Johnny a letter requesting the police report, his BAC, a certified copy of his driver's record, a letter explaining his current alcohol and/or drug use along with a statement on the incident and an evaluation from a certified substance abuse specialist/counselor if his BrAC was at or above .15% or he refused the chemical test These items will be reviewed by OKLA City to make a determination if Johnny is fit to keep his current medical or needs further counseling/AA etc.
3. Here's the part that has been getting a lot of guys in hot water When Johnny goes for a new medical, he must check Yes on "have you ever been arrested, or convicted for operating a vehicle while intoxicated" (There is no grandfather clause, if you were arrested in 1978, you better check YES) The AME will need a copy of the BrAC, arrest report, and will probably ask Johnny a little bit about what happened. If Johnny tested below a .15 BrAC and did not refused the breath test and has no more than 1 DUI arrest in a 5 (or 10 years, can't remember) year time frame, then the AME can issue Johnny his medical. If Johnny has more than 1 arrest, refused the breathalyzer or tested above .15 BrAC, the medical must be forwarded to Oklahoma City for further review.
4. Once Johnny has been issued his medical (given that he checked the Yes, he was below .15 BrAC, and has not had more than 1 DUI in 5 years) the medical will be compared by someone in Oklahoma City to Johnny's NDR record. Since his answers coincided with his NDR, no further action will be necessary.
If Johnny didn't notify the FAA of the original arrest, lied on his 8500 or did not notify the FAA of the DUI conviction, he would be in a whole other heap of trouble. And I'm not really sure what happens, from what I have heard anything from medical revocation/suspension to certificate suspension/revocation.
08-05-2011, 01:50 PM
#26
Gets Weekends Off
Joined APC: Apr 2009
Position: Courtroom
Posts: 177
Originally Posted by Hrkdrivr
You know what's funny? The OP has deleted his first, and only, post.
08-05-2011, 02:19 PM
#28
Gets Weekends Off
Joined APC: Dec 2009
Position: 127.0.0.1
Posts: 2,115
Originally Posted by citation35hf
I'm not surprised, he came on here looking for help and instead got told how he should "find another profession".... sad.
In your opinion, what were his options? Lying (or omitting) to the Feds about the negligent driving charge is a felony (250K fine and 5 years), which by itself is disqualifying - than add a DUI on top of that. There were several other posters who offered the same options. Is there something we're missing?
Last edited by N9373M; 08-05-2011 at 02:33 PM.
08-05-2011, 09:13 PM
#29
Gets Weekends Off
Joined APC: Apr 2009
Position: Courtroom
Posts: 177
Originally Posted by N9373M
Given the circumstances, I think he got the correct advice. Sometimes the truth hurts.
In your opinion, what were his options? Lying (or omitting) to the Feds about the negligent driving charge is a felony (250K fine and 5 years), which by itself is disqualifying - than add a DUI on top of that. There were several other posters who offered the same options. Is there something we're missing?
In your opinion, what were his options? Lying (or omitting) to the Feds about the negligent driving charge is a felony (250K fine and 5 years), which by itself is disqualifying - than add a DUI on top of that. There were several other posters who offered the same options. Is there something we're missing?
Not checking a box on a government form, Yes technically a felony, would be very hard to convict on. I didn't realize I was convicted, I thought it was an earned dismissal, I didn't realize it was a criminal offense....the list goes on. This is the attorney in me talking.
08-06-2011, 05:32 AM
#30
Gets Weekends Off
Joined APC: Mar 2008
Position: FAA 'Flight Check'
Posts: 13,837
Originally Posted by citation35hf
He didn't lie about a DUI. I'm sure he is not the first or last pilot (currently holding a medical) who has not been 100% truthful about his/her youthful indiscretions. I don't see any serious offenses, that would keep him from fulfilling a meaningful career as a professional pilot, Part 135/91 or someday Part 121.
Not checking a box on a government form, Yes technically a felony, would be very hard to convict on. I didn't realize I was convicted, I thought it was an earned dismissal, I didn't realize it was a criminal offense....the list goes on. This is the attorney in me talking.
Not checking a box on a government form, Yes technically a felony, would be very hard to convict on. I didn't realize I was convicted, I thought it was an earned dismissal, I didn't realize it was a criminal offense....the list goes on. This is the attorney in me talking.
USMCFLYR
Thread
Thread Starter
Forum
Replies
Last Post
