FAA medical division pursuing DISMISSED DWI
 

Hi all, I'm new here I just made an account last night after finding this website. I posted this in another thread but I just figured I'd go ahead and make a new thread about it

I have a question for y'all pertaining my alleged DWI that the FAA is trying to screw me over with.

When the DWI event happened on March 27 2014 I was a student pilot with a first class medical, November of 2014 I received my private pilot certificate, December private multi, January 2015 instrument rating all while I dealt with all the BS legal process of the dwi case. In February 2015 my DWI case was dismissed and in April 2015 I had all my records expunged (meaning there is no court documents, police report with BAC). March 2015 I received commercial multi and may 9th 2015 commercial single engine. On May 5th 2015 I applied to get another 1st class medical and reported that I was arrested (not convicted) for a DWI and explained that it was later dismissed and expunged. At that time my AME said it was no big deal and the FAA will probably just ask me for some information regarding that. On June 22nd I believe it was I received a letter from the FAA medical branch with them asking me to send all court documents, arrest record, and police report etc.. So I responded to their letting with a letter explaining my situation as to what happened and that it was dismissed and expunged and I also sent all the documentation that I have available to me that I collected over time throughout the legal process which included: court ordered pretrial supervision, the arrest ticket, driver license suspension, court dismissal document, and the expunction agreement. Now on august 10th I finally hear back from them via letter and it's claiming that I submitted insufficient information regarding the case and I have 60 days to go visit a HIMS AME, make a addendum to my written statement that I had already provided stating past/current/future alcohol usage and BAC at the time of arrest(which I have no clue what it was and I have no way of finding out). Lastly they're requesting a copy of my driving record for the past 10years.

The reason I'm posting this is because I'm really confused. First off, how is the information I submitted insufficient when all the paperwork I have is all that is available due to the expunction? Secondly, I had a consultation with a HIMS AME yesterday and he's claiming the FAA will probably want me to submit to a total of 14 random alcohol tests throughout a period of 14 months or so. Why? I'm not an alcoholic, I do not have a drinking problem, sure I have a few beers occasionally but still, I was NEVER convicted of any dwi. Why am I having to pay more money after that at least $10,000 I spent to have the damn thing dismissed? Total BS if you ask me. Sure, I made one mistake and now I'm labeled as an alcoholic... Why is the FAA going out of their way to pursue this "DWI" that I was never even convicted of and that technically doesn't even exist! Anyone have any advice?

Thanks - Chad.

Hey now everyone makes mistakes(and I made a huge one by drinking and driving but luckily it was dismissed), sure I drink a beer or 4 every now and then but I'm not alcohol dependent. And that actually has been proven because I had to wear a SCRAM(Secure Continuous Remote Alcohol Monitoring) device on my ankle for over 100 days with no violations. At the time of the event I wasn't apart of AOPA and I was told they wouldn't help unless I was a member then. But I do have my own attorney, I just wanted to bring my story here to see what y'all opinions are. :p

My opinion is that you made one of the costliest bad decisions that a pilot can make. Prior to this incident, did you not know how the FAA views alcohol related offenses? Welcome to the world of a pilot. They aren't targeting YOU, you are going through the same process that anyone in your situation would be undergoing. It is a long and painful (and as you are learning) expensive process. Is it still worth it to you to go through with the requirements to fly? If so....in the future, and especially if you plan on making a career/life out of the professional pilot world - you need to rethink you're 'I have one or 4 beers when I'm out' mentality. It just isn't worth it in the long run. Save those 1-4 beers when you're at home watching the game or at a minimum when you aren't driving.

I sent you a private message, Chad.

"Expunged" does not mean that those records have been destroyed. The arresting and prosecuting agencies along with your attorney all have copies of all of the information that the FAA needs.

I'd start with the attorney that you used during the case.

The only records that are available are the limited copies I have that I stated in my original post though, if the other records haven't been destroyed they're going against a court agreement to do so. Even if they haven't destroyed them yet they aren't available to anyone, even the FAA.

Yes, I did make one of the worst decisions of my life at the time. Why wouldn't it be worth it to follow my dreams/goals? Yes it may be expensive (and it already is) but that doesn't mean it's going to stop me from doing what I want to do. Just because I say I have a few drinks when I go out which is maybe one time a week at the most!! doesn't mean I still drink and drive... Don't be so quick to judge. I made one bad decision and I learned A LOT and made some life changes during that period of my life. I would never drink and drive again in my entire life time.

No court documents are ever destroyed on purpose. Expunged really just means they become legally inaccessible to the great majority of people, with exceptions. If you were ever to apply for a job at a law enforcement agency, for example, that agency would have access to expunged records.

You're awful defensive.
I wasn't judging.
I was giving you advice.

But let's talk about your attitude then CHAD if you want judgement.

"I made one bad decision"..............so you're going to tell us that this is the first time you've been out drinking and driving?
Having been YOU in a past life - I seriously doubt that is the truth.
Maybe it is..............but let's play the high side of statistics.
This is the first time you've been caught.

Why was the charge dismissed?
Dealing with, and being around a lot of lawyers, I certainly know that a case being dimissed certainly doesn't always mean that you weren't drinking and driving (you've already admitted you were) or that you weren't legally drunk.
Thinking back on this did you get a lucky break? I did once and it certainly changed my perspective.

I'm glad you say that aren't going to drink and drive in your entire lifetime.
I hope you can hold to that. Is is actually OK if you do if you do it smartly. The law doesn't required you to abstain from alcohol. I work with, and fly with, many people who have a beer on the road when we are flying. I myself decided around 25+ years ago that it wasn't worth giving up my chance to fly in the military to have a beer with my pizza, nor is it worth the pain and expense to go through what you are dealing with now to have that same beer - - - so I do abstain from drinking on the road.

As far as who has access to those records that you are so sure are destroyed or sealed away in a vault somewhere - I suggest that you learn a little more about who can, and can't, access those records. It isn't as cut and dry as you seem to think it is - and issues of public safety are given room to maneuver when it comes to gaining access to all sorts of records.

Why do I say that you have a decision to make whether you still want to be a professional pilot? Because you are seeing how finicky the profession can be. You are highly scrutinized and actions that you might take in other field that wouldn't raise an eyebrow make a big splash in the world of professional aviation - and liquor seems to be a leading problem.

On the final attitude check I'll suggest that you refrain from the "that the FAA is trying to screw me over with." You are the one drinking and driving. It wasn't the cops hunting you down, it wasn't the lawyers jonesing to put you away in prison, it wasn't the judge trying to make an example out of you. You got caught doing something illegal that happens to be on everyone's most sensitive radar screen (and often for good reason).
In the future, when you go on interview and you asked about this - the attitude that you have portrayed in the thread thus far will get you shown the door. This is the part that you want o concentrate on:

I was told by my own lawyer and even the country clerk when I tried to retrieve my own person documents that they were to be incinerated. That's the entire point of an expunction to have no record of it at all. Not accessible by anyone.