DWAI, And my chance of getting hired at the regionals...
 

Hi, I know that there are many posts on this website that all discuss a DUI, but I could not find any that mention DWAI (driving while ability impaired). I recently made the terrible mistake of driving my car after drinking, and was charged with DWAI. Right now I am flying for a small company, but am interested in flying for a regional. Is a DWAI, treated the same as a DUI at the airlines, even though it is a far less offense than a DUI? I suppose my real question is, Do I have a chance at being hired at a 121 regional carrier with A DWAI? I have previous 121 experience and attended a 30 day inpatient alcohol rehabilitation program. Any constructive input would be very much appreciated. Thanks - Smalls

Everything on your record is fair game....but by no means will exclude you from jobs at the regionals. Every airline is different, so I can only speak for the one I work for (no its not one of the Mesa "like" carriers), but airlines want a couple things. Honesty and change. Be honest, humble, and have humility and you will be fine....the most important thing is that you learned from your mistake. Everybody makes them, nobody is a perfect pilot, myself included. It may hurt you at some companies but not all of them. Anybody who tells you that your career is over, or you should change professions is talking without any merit. Sent me a private msg. if you have any questions.

Generally, any citation for driving after drinking is equally bad. DUI, DWI, DWAI, DWI reduced to recklesss, whatever.

I understand that some are worse than others in the eyes of the law, but employers pretty much hold them all in the same light. You will not get better consideration because you didn't have quite as much to drink as some other guy.

With that said, there is plenty of info here about DUI's and airline employment...but keep in mind many of those posts were written before the hiring slump when employers may have been more forgiving.

How is DWAI different from DUI? It sounds like a longer way to say the same thing.

Driving while ability impaired vs. Driving under the influence. Some states used to have a cutoff, BAL above a certain amount but below another is "impaired", carries a lessor charge.

clarification
 

DWAI, Driving While Ability Impaired, can be issued for several reasons. It is not exactly like a DUI/DWI.

DWAI is when the officer verifies that your alcohol level is below the legal limit, but still impairing you ability to operate a motor vehicle. It carriers a much less severe penalty than a DWI.

Furthermore, a DWAI is a difficult charge to "prove" in court because it is subjective to the officer's discretion. Yes the BAT showed you in a "hazardous" intoxication level, but still below the legal consumption limit.

Most of the time, DWAIs are used as a reduced penalty for first time DWI/DUI offenders with clean records.

To the OP: If you have even a decent lawyer you can get this cleared from your record without too much trouble. However, let it still be a lesson to you. That cop may have just saved your life and someone else's life that day for stopping you. Don't let it happen again.

In Colorado the difference between a DUI and DWAI is BAC. A DUI is assessed for driving with a BAC over .100, where a DWAI is assed for a BAC between .08-.100.

Your real problem might be getting your next medical :eek: You're gonna have to check yes in that block that says you have had a drug/alcohol conviction. If you had a DUI (or similar) and you check no, therby filing a falsified medical application, you could very well lose your medical for LIFE. :eek: OKC takes a very dim view if falsifying medical stuff, as they should.


From the form.....

Preparing for your FAA pilot physical requires a full understanding of the questions you will be required to answer. Your verbal and written responses given during the medical application are legally binding declarations and releases. Review this history section carefully to understand the affirmations you must make.

This section contains guidance for items on the Medical History and General Information page of FAA Form 8500-8, Application for Airman Medical Certificate or Airman Medical and Student Pilot Certificate.


Applicant History

Item 20. Applicant's National Driver Register and Certifying Declaration

In addition to making a declaration of the completeness and truthfulness of the applicant's responses on the medical application, the applicant's declaration authorizes the National Driver Register to release the applicant's adverse driving history information, if any, to the FAA. The FAA uses such information to verify information provided in the application.

The applicant should be instructed to sign Item 20 after reading the declaration. The signature should be in ink. If an applicant does not sign the declaration for any reason, the Examiner shall not issue a medical certificate but forward the incomplete application to the AMCD.

Form the Frequently Asked Questions

Where do I send my Notification Letter (MS Word) ?
Send the letter to:
Federal Aviation Administration (FAA)
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
or
Fax to (405) 954-4989

Do I have to report anything other than alcohol-related convictions?

Yes, under 14 CFR Part 61, you must report alcohol-related administrative actions, whether a conviction took place or not. Administrative actions and convictions are also reportable under Part 67, the airman application for a medical certificate.


Think long and hard before you sign it..... correction, think long and hard before you go see your AME, and get some private legal advice. Right now it sounds like you don't know what you don't know, and that is very risky. If it has been less than 60 days since your mistake, you can still CYA, if not, you've got issues, good luck.

Thank you all for your replies. When all is said and done, the best I can do is apply, and the worst that can happen is say no. It just is what it is. As for drinking and driving, it is extremely foolish, and a mistake that I will never repeat in my life. I have always been a proponent for harsher punishment for drunken driving, and still am even in light of my situation. Career aside, I would hate to have to apologize to another’s family for killing someone behind the wheel after drinking.
Again, thanks for the input - Smalls

Smalls,

Here's the reference http://flightphysical.com/pilot/FAQ-dui.htm

Think long and hard before you sign it..... correction, think long and hard before you go see your AME, and get some private legal advice. Right now it sounds like you don't know what you don't know, and that is very risky. If it has been less than 60 days since your mistake, you can still CYA, if not, you've got issues, good luck.[/quote]


Thanks for the concern there. All of my actions in relation to this offence have been under the advisement of my private legal council. And yes, my attorney deals specifically with pilots whom have alcohol related convictions. So the FAA reporting has been taken care of in a timely fashion, and has been submitted by my attorney on my behalf. I am aware of all the pitfalls that are in front of me surrounding my poor judgment that lead to my DWAI. But I'll take it as it comes, one day at a time.
:o

Smalls,

Good on ya, good luck to you. I truly hope it works out and you get where you want to be.

Fly Safe

Sabre

Another issue that comes up with an offense such as this is getting into Canada and the restrictions that this places on an airline considering you for employment. Like mentioned above, you honesty and understanding of the mistake you made goes a long way in the eyes of a potential employer when looking to hire you. However the recent changes in Canadian law concerning misdemeanors and entrance to Canada often leave the hands of a potential employer tied. If this DWAI is viewed by Canada as a disqualifying offense for entry you will be very limited in the regional opportunities until you qualify for "Rehabilitated" consideration under the Canadian laws. This is a minimum of 5 yrs from the time the sentence was considered satisfied, not 5 yrs from date of conviction.

In my opinion you can get a job with a regional, but it may take some time as you mentioned this DWAI is pretty recent. My bet is that it does disqualify you from Canadian entrance and that would mean that you would have a very tough time getting on with any regional that flies to Canada.

I don't want to be discouraging and I could be wrong but you are likely in for a tough fight initially. As time goes by though this will become less of an issue so long as you don't let this happen again.

Best of luck

Sorry, but you're screwed due to your "mistake". You really think that you have a chance with that over your head when all the pilots that just got "let go" because the company they worked for just closed its doors....... good luck....

Be smart and aggressive. Talk to a lawyer.

There is a guy who is not screwed due to his "mistake" of getting a DUI on base while in UPT no less. Fight like hell, take responsibility and know your options. There are a lot of good people out there that have made decisions others ridicule that other chalk up to experience.

Many are flying in the airlines and I know from experience many are flying with security clearances in the military. You should have seen on in-processing day at USAFA all the kids that stand up and are called back for questioned for smoking pot. They were all back and all (well most) graduated.

Make the best of it. Seek counsel, don't repeat your mistake, fight like hell and do the one thing that all respect. Take ownership of your actions.

You're not screwed. I had to disclose in my interview about how I lost a previous job after peeing in the cup. This was before I was in aviation obviously, but you'll need to put some time between you and this incident to show it was isolated and you don't have a problem. Just be honest in any interviews, most employers recognize we are humans and subject to mistakes.

Smalls,
I'll echo the above sentiments:
Find a reputable lawyer (get a reference from somebody who's had sucess fighting a similar charge). If this charge is based on the officer's discretion, you might stand a chance at fighting it.

If your driving priveldge was suspended, you'll have to report it on your next medical. I'm not sure if a conviction of this offense is required to be reported, though. I think the medical form specifically states DUI/DWI.

Be honest at future interviews and take responsibility.

The last thing, is you'll need to find out if a conviction will result in preventing you from entering Canada. A DUI/DWI will, unless you have a waiver. This is probably one of the greatest considerations with reference to getting an airline job.

Fight that charge and keep your nose clean going toward. It's not a career-ender.