Nervous about third-class renewal - am I overthinking it?

[GuestPilot]

I have read probably all the posts here about folks with past DWIs and how most people who are applying for medicals are getting deferred and going through hoops to get their medical certs (if they get them at all). But my situation is a little different, so I think it warrants its own thread.

Backstory - in 1999 I got a DWI. Not even sure what the bac was anymore, it was so long ago. I can't find any evidence of the arrest record online and I don't have any copies of it. It was over 20 years ago so I'm sure all that got tossed in one of the many moves I've made since then.

Two and a half years ago when I was getting started in training for private, I was recommended to see an AME prior to solo. I filled out the forms completely truthfully. I stated that I got the dwi back in 1999. Went to see the AME. He didn't ask for any proof of the dwi, didn't ask for records, etc. Pretty much said, "you were young and stupid..." and he issued my third class.

About three months later, I got a letter from the FAA saying that - "Our review of your medical records has established that you are eligible for a third-class medical certificate."

Whew. Great... Then it went on to say - "Due to your alcohol related offense in 1999, we are obliged to caution you that any further offenses or evidence of alcohol and/or substance abuse will require re-evaluation or possible denial of your medical certification."

Then the letter went on to remind me that I always need to report the incident in 18(v) of medxpress form, but to write "previously reported, no change" and to use the reference numbers at the top of the letter.

Again, whew. No problem. Went on to ace my written and the practical. Even bought a plane. Flash forward to July this year. Filled out the medxpress form and wrote "previously reported, no change" and referenced the letter from two years ago. AME did the exam and asked if I had any new offenses or change in behaviour related to alcohol and I said (truthfully of course) no.

No problem. Third-class renewal was issued on the spot.....

Why am I nervous? I guess I have been reading a lot of posts recently about people with old DWIs being denied. Is that only for new applications? If I have this letter from the FAA, does that mean they aren't going to somehow deny my medical that was issued by the AME?

Maybe I should quit reading posts in this section of PoA, but I am nervous that a letter is going to show up in my mailbox revoking my medical. Mabye one of the AMEs here can help me out with this.

Thanks again!
- guy posting anonymously

 

[flyingron]

If the FAA has written you a clearance letter, you should keep that and show it to subsequent AMEs if they ask. Just because you have a PRNC doesn't mean they can't ask about the details.
Generally, if you keep the same AME, it's not an issue as he has all the information. If you switch AMEs you may have some 'splainin' to do.

 

[Larry in TN]

Yes, bring a copy of the letter to each medical exam.

Other than that, nothing to worry about as long as you don't get another DWI.

 

[Jeff Oslick]

Make a copy of that letter and keep the original and the copy in separate, safe places. Then scan it and load it to the cloud somewhere you can always find it. Having that letter could save you a lot of $$ someday if the FAA changes their rules, again.

 

[flyingron]

The letter should be in your FAA files, though it takes far too long to get a copy of your files (I did get a nice apology from the OKC guys when I inquired after 12 weeks or something like that about whatever happened to mine). By the time I got mine, I didn't need it anymore.

 

[allPrimes]

Not gonna lie: I'm a bit jealous. Had I been thinking ahead, I wouldn't have checked the "ever diagnosed with substance abuse?" box (because no, clinically, never) but I am a recovering alcoholic (sober for 19 years). As a result of my honesty, I now have a few more hoops to jump through and (likely) significant costs to incur.

Were I you, I think I'd start trying to track down the records from your arrest, but then again, I am a freak for knowing what THE MAN has on me. The AOPA seems to think that anyone with a DUI, ever, might get the hammer, eventually. My DUI was from 1999 as well but the police department and court clerk still had the records available (in addition to a lot that I had carted from TN -> GA -> SD -> MT -> TX -> WY -> MT). Can't hurt to start gathering those documents now and scanning them into some cloud storage for future access.

 

[Deelee]

Seems like the FAA gave you the answer - "...we are obliged to caution you that any further offenses or evidence of alcohol and/or substance abuse will require re-evaluation or possible denial of your medical certification."

"Any further" issues would result in re-eval or denial... not retroactively. So it seems as long as you have that letter and can reference it on the medexpress form you should be ok.

The AOPA seems to think that anyone with a DUI, ever, might get the hammer, eventually.

I read that article. Seems as though the FAA is saying that anyone that has been clinically diagnosed with substance dependence will be put on special issuance list. Is a DUI regarded as clinical dependence? From the article:

"On April 1, 2020, however, the FAA apparently determined that it was time to grant the NTSB’s request by announcing that all airmen who have been clinically diagnosed with substance dependence shall be placed on a special issuance for any duration deemed appropriate. [9] In our experience to date, “any duration” has translated into a period no less than lifetime monitoring."

Back to OP's question - I think you are fine and should keep flying (and not drinking and driving) and not worry about your medical getting revoked. But like someone else mentioned, maybe make ten copies of that letter and scan/save it to several cloud backup providers and also to a flash drive that you keep in a safe somewhere...

 

[allPrimes]

I read that article. Seems as though the FAA is saying that anyone that has been clinically diagnosed with substance dependence will be put on special issuance list. Is a DUI regarded as clinical dependence? From the article:

"On April 1, 2020, however, the FAA apparently determined that it was time to grant the NTSB’s request by announcing that all airmen who have been clinically diagnosed with substance dependence shall be placed on a special issuance for any duration deemed appropriate. [9] In our experience to date, “any duration” has translated into a period no less than lifetime monitoring."

There's also this tidbit:

Based on these figures, the NTSB posited that a pilot who has been convicted of a DUI/DWAI has likely "driven impaired on a large number of occaisions" and, therefore, "may be substance dependent."

The citation for that quote is from this document. Note specifically the first few paragraphs of page 2.

I have no flippin' clue what the FAA is going to do with anyone else that has a past DUI--especially one that is >21 years old--who already has a 3rd-class medical, but were it me (and I do have a single DUI that is 21 years old), I'd hope for the best but plan for the worst.

 

[Deelee]

I have no flippin' clue what the FAA is going to do

Now that is the quote of the year. Or decade.

Maybe one of the AMEs here like @bbchien can give a more definitive answer. Because you are right - most of us don't have a flippin' clue what the FAA is going to do next.