Hello, I had a misdemeanor in November 2013 and I applied for my 1st class medical. The misdemeanor was an open alcoholic container... attend the court hearing and had to pay $25, sadly I don't have any papers about the incident.

Now the FAA asked me to write a statement in which I write down my alcohol patterns, etc.

I mean, it's just an open alcoholic container, that situation is even legal in the country where I'm from and I don't know what to write? I'm scared I'll write something wrong and they'll just deny me?

So far I just put down the incident just as it was... on my way to a friend open container, completely full, didn't even take a sip. About my patterns here and there I enjoy an ice cold beer.

Will this hurt me? Will they deny my app? I don't have any other incidents regarding alcohol! I am definitely not an alcoholic...

edit: should read Misdemeanor :P

 

Considering the stakes, I would not proceed without consulting qualified counsel...

 

should have answered no on the medical paperwork.

FAA only does BMV search. DUI,
OWI, Etc, are all that are visible to them.

 

I second this.

 

Join the AOPA legal plan then hit them up about it.

 

Well, then they should be happy that I'm such an honest (and dumb) person.

I contacted my AME via Email, hopefully it'll be answered by Monday... I really need this all settled within 2 weeks.

 

I understand why you are alarmed and this situation shouldn't be taken casually. That being said, I think the best thing to do is relax and work through this one step at a time. It's probably not as bad as you might think.

If the circumstances are exactly as you described and you truly do not have a problem with alcohol abuse, you have absolutely nothing to worry about! The FAA is just practicing due diligence.

In the past 10 to 15 years, the FAA has become increasingly interested in and intolerant of any history of alcohol abuse or behavior which may be leading up to an alcohol problem. I know much about this from my personal background. However, 'intolerant' does *NOT* mean that they will flat-out deny your medical certificate with no opportunity for you to qualify in the future. It simply means that they want to know if you have a problem and, if you do, to make sure you have been treated for it just as they would require of any medical condition. Chemical / alcohol dependency is a treatable medical condition.

A concise, but honest statement from you is probably all they need. It may not be necessary but having an attorney review the statement prior to your sending it might be a good insurance policy against a longer bureaucratic review process. I imagine there is an 80% or more chance that the matter will simply end there.

If the statement leads them to question if you have a problem, they won't diagnose it by your letter. They will send you for a more thorough substance abuse evaluation by a SAP (Substance Abuse Professional), probably a psychologist or psychiatrist. While that review might be expensive and intimidating, even it is nothing to be afraid of but especially if you don't have a problem. The one-hour or so interview and resulting report will tell the FAA if the SAP has reason to believe you have an addiction problem.

I seriously doubt any of the following will apply to you, but I just wanted to outline the next steps that might follow, **IF** treatment was necessary. There is nothing to fear here. My point is that all they want to do is make sure that if you have a problem, that it has been treated successfully. If the report indicates a diagnosis of alcohol abuse or dependence, the FAA may require you to attend some type of in-patient or out-patient treatment, enter individual and/or group counseling, and document attendance at Alcoholics Anonymous meetings. They would likely also require 100% abstinence from alcohol or non-prescribed mood altering drugs. You might have to provide proof of abstinence through urine, blood, or hair tests supervised and sponsored by your AME or counselors.

For commercial pilots, the HIMS program will probably apply. That is a program of rehabilitation for pilots with a chemical dependency problem. (See: Home )

You might be required to be monitored by an AME familiar with HIMS and stay in monitoring for a 3-5 years to keep your medical certificate. After monitoring ends, your only requirement would be continued abstinence.

Feel free to private message me if you like and best wishes getting this resolved promptly with the FAA.

 

The court's clerical office should be able to supply you with copies of any documents related to the offense and settlement. There may be a nominal charge for copies but it would be well worth it to help bolster your case. The FAA is looking for documentation about the incident and that should help allay their concerns if this was simply an isolated incident.

I would also send the information to the FAA via Registered or Certified mail with a return receipt requested to show that you complied with their request for further information. I would keep this receipt indefinitely along with your copy of the statement in case any questions came up in the future about the incident.

 

Selfmade92:

If this is your one & only entanglement with the law and you have have no other issues, then I would say that you should have any problems. However, be advised that the FAA may require you to have a HIMS evaluation. Depending on the results, they may go ahead and issue your medical. I can't foresee any reason why they would have your register with a HIMS AME showing abstinence from alcohol.

Be advised though, I would strongly encourage you to make this your one and only entanglement. Any further occurances and you will literally have hell to pay trying to get your medical re-instated. Trust me on this one bro!

All the best!


atp