Made a Mistake

[Fusedwings]

I answered no to the question have you ever been convicted or arrested for dui.

I got a dui in 2000 (almost 20 years ago) in Louisiana. I settled with a plea 894 which means I paid fine and then it was dismissed.

I originally answered no to "have you ever been convicted or arrested for driving under unfluence." I did that out of fear and now I'm at a loss what to do. Im scared if I now say yes then the history of my last two medicals where I said no will raise a flag. My first medical was 2017, second was 2018 and now I am planning on doing my third.

Anyone have any advice?

 

[jonvcaples]

Join AOPA, if you are not already a member, then call AOPA medical. Or maybe Bruce will see your post and jump in.

Good luck!

 

[Clip4]

Louisiana’s 894 expungement law has changed somewhat since 2000, but it appears your plea deal may have completely removed the DUI conviction from your driving record. A total expungement of a DUI conviction on a driving record is rare today and Louisiana may be the only state that still does this.

I would also be surprised the FAA missed a DUI conviction in the National Driver Data twice. You may have slipped under the radar due to a data error or the court not entering the conviction in the Louisiana BMV record 20 years ago.

Rather than being indicted for lying on an official document, I would go fly something not requiring a medical and never apply for a medical again or get an aviation attorney who can act as an advocate for you with the FAA to get this straightened out.

Before you run to Basic Med, the FAA does a check for DUIs with Basic Med.

 

[lbfjrmd]

yes here is the AME's answer: report. 20 years will likely result in an admonition from the FAA about alcohol, not the delay in reporting such.

 

[steingar]

Either that or go Basic Med and kiss the whole thing goodbye.

 

[FormerAddict]

As Dr. Lou said, disclose it and move on. Likely no trouble for you. That’s the overall theme with omissions. You don’t need an attorney. Do you know who responds to attorneys at the FAA? FAA attorneys. Keep it between doctors and not attorneys.

Furthermore... IF they catch you before you disclose, then you will be in trouble. Just disclose it.

 

[flyingron]

AOPA provides no useful information on medicals these days. They were partially responsible for my being grounded for several months because of misinformation given by their medical desk.

 

[danhagan]

Bruce knows him as well, but have a friend here that never had a DUI and has had all sorts of hoops thrown at him to jump through now as he had passed out and told the ER that he did drink at a party the night before passing out (he passed out the next day in a hot hangar during the summer - probably dehydrated, was 105* which didn't help) ... that was last year ... and he STILL isn't flying. He listed that ER visit and the ball started rolling from there ...

I think they even want some type of AA type attendance proof that he isn't an alcoholic.

 

[Fusedwings]

Hello everyone,

Thank you all for your input. I contacted an aviation attorney and also called FAA department that does the medical. They both kind of said the same thing. Basically I need to amend my previous two medicals. I need to make a correction and provide all the appropriate information. Since it was so long ago and the case has been dismissed it will hopefully not be an issue. Fingers crossed.