Confused about letter.

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Cojo

Filing Flight Plan
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Taking it one day at a time
To start off with I received a DWI in late 2023. My current medical at the time was going to expire before I notified the FAA of the DWI. I have not applied for another medical and did not see my regular AME. I notified the FAA of the incident and didn't think anything else about it until 10 months later I received a letter from the FAA medical department saying that I needed to go through a whole list of things to prove I am clean and sober or my application would be denied. Like I said my medical at the time had expired and I have not applied for a medical sense the DWI so I don't know why they are sending me this letter. I haven't had a drink sense the arrest and don't plan on drinking anymore, I may at a later date decide to fly sport pilot. Any thoughts on this?
 
Not 100% sure, but if the medical wasn’t denied, revoked, cancelled, etc, I think you can already operate under sports pilot or basic med.

Otherwise if you want your class 3 or higher you have to go through HIMS and probably 12-18 months of FAA crap.
 
Cojo said:
My current medical at the time was going to expire before I notified the FAA of the DWI.
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I don't know the answer so am asking for clarity here. Was your medical still valid when the DWI occurred? Were you possibly waiting for your medical to expire before notifying the FAA of the DWI? Not sure how it works but seems to me that if the medical was valid when the DWI was given then you got some 'splaining to do ...
 
I think, technically, you should still be eligible for Sport Pilot and even BasicMed by the looks of it, because you never received a notice that it was denied, revoked, withdraw, etc — and the FAA seemingly doesn't have the authority to revoke an expired certificate (because it has no standing anyway.)

That said, not responding to the letter will create complications down the road if you ever change your mind and want to obtain a Class 1/2/3 medical, and may even result in a denial (which would then rescind the ability to do Sport Pilot or BasicMed...)

I also want to note that this is my speculation + interpretation of current rules and regs, and I'd recommend you contact an senior AME for a quick consult for the most accurate confirmation.
 
It’s possible the FAA may have treated the DWI notification as triggering an application for a medical. Not saying they should or should not, just that such things have happened in the past. Possible also if they received an updated medical report from a “helpful” doctor.

Also, did you report the resolution of your case? There is typically a report when the action occurs and a second one when the case is resolved in court.
 
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You might want to review this thread.
R

Thread 'Already Under Basic Med. DUI. Section 68.11'

Already flying under Basic Med for several years. Fortunate for me.

Got a 2024 DUI. Yup. Stupid of me. Not blaming anybody else. Save the lecture.

Fortunately no medical cert or SI letter for FAA to suspend/withdraw.

Holding off on completing my online course. Well aware of: The NDR check. CFR 68.9. CFR 67.307a4. CFR 68.11. CFR 49.44709b. CFR 61.113 CFR 61.23 CFR 61.53 etc.

Dutifully reported per CFR 61.15. Got the AMCD boiler plate "phishing" letter. (i.e., You don't have an open medical app on file? We tried to suspend/revoke your medical cert but you don't have one...
 
To clarify some things, my medical was still valid when the DWI occurred. When everything with the courts and drivers license was suspended my medical was expired. I haven't even been to my AME but on my letters from the FAA there is a cc to his email so they have included him in the loop. I have had an aviation lawyer look at it and he advised to wait and see what the FAA sends and then respond. He said that sense there was no medical application we can file an appeal and see what application they are basing their decision on.
 
Thanks for everyone's input I am going to contact the faa and request all records they have and see what is going on. Thanks again.
 
I think you’ll find the issue is you were charged with a DUI during the time you held a valid medical. The FAA cannot revoke an expired certificate and you have not applied for a new one. They will prevent you from getting a new one, at least until you jump through all the hoops.

You’re in somewhat of a good position now as you’re in an unregulated territory for holding Basic Med with current history. There have been many positive recent changes to Basic Med (aircraft gross weight, number of pax allowed, DPE can give checkrides if they have basic bed). You can bet at some point, they will tighten some things.

You do have to hold a valid drivers license under Basic Med so, if you’re currently revoked, I’d seek basic med as soon as possible.
 
Cojo said:
…He said that sense there was no medical application we can file an appeal and see what application they are basing their decision on.
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What is there to appeal? If the FAA said do “X, Y, Z before your next medical application”, that’s just cursory notice.

If the medical is no longer valid, it’s not like they can revoke it. That only leaves certificate action on your pilot certificate on the table, if they’re invoking 14 CFR 68.9(a)(1)(iv).
 
They have said nothing about 14 CFR 68.9, on the letter it is referring to 14 C.F.R. $ 67.413.
 
Cojo said:
To clarify some things, my medical was still valid when the DWI occurred. When everything with the courts and drivers license was suspended my medical was expired. I haven't even been to my AME but on my letters from the FAA there is a cc to his email so they have included him in the loop. I have had an aviation lawyer look at it and he advised to wait and see what the FAA sends and then respond. He said that sense there was no medical application we can file an appeal and see what application they are basing their decision on.
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I suggest 1) you follow your lawyer's advice (that's why you hired him) and 2) you not post about his advice on the Internet.
 
Lindberg said:
I suggest 1) you follow your lawyer's advice (that's why you hired him) and 2) you not post about his advice on the Internet.
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A few states have issued legal ethics opinions requiring lawyers to advise clients of the potential consequences of posting on social media. I used to do a program for lawyers on "Social Media and Legal Ethics" which covered a number of aspects of the subject. The best part of the program was some of the "consequences". Some to the lawyers and some to the clients. Some were just funny; others had serious consequences like the Facebook post that ended up costing $80,000.
 
midlifeflyer said:
A few states have issued legal ethics opinions requiring lawyers to advise clients of the potential consequences of posting on social media. I used to do a program for lawyers on "Social Media and Legal Ethics" which covered a number of aspects of the subject. The best part of the program was some of the "consequences". Some to the lawyers and some to the clients. Some were just funny; others had serious consequences like the Facebook post that ended up costing $80,000.
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Like required legal advice? That seems crazy!
 
David7700 said:
Like required legal advice? That seems crazy!
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People do and say all sorts of crazy things on social media which can quite literally hurt their cases. That $80,000 one? It was a settled discrimination case with a confidentiality clause. Guess what a family member posted about before the ink was dry on the settlement?

And guess what smart lawyers do when then investigate a case?

I did the program a few time to different groups and each time, someone came up to me with another "stupid social media trick" to add. Last time I did it was 10 years ago. I'd bet I'd have a lot more and better material now :D
 
midlifeflyer said:
People do and say all sorts of crazy things on social media which can quite literally hurt their cases. That $80,000 one? It was a settled discrimination case with a confidentiality clause. Guess what a family member posted about before the ink was dry on the settlement?

And guess what smart lawyers do when then investigate a case?

I did the program a few time to different groups and each time, someone came up to me with another "stupid social media trick" to add. Last time I did it was 10 years ago. I'd bet I'd have a lot more and better material now :D
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Yeah, but why is the attorney liable for not advising their client to not be stupid? I don’t advise any of my clients to not be stupid.
 
David7700 said:
Yeah, but why is the attorney liable for not advising their client to not be stupid? I don’t advise any of my clients to not be stupid.
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it’s not about stupid. It’s about pointing out things we know can and have affected cases which people and even businesses can be lax about. How difficult is it to put a cautionary paragraph about it in an engagement letter? In my most recent it’s along with the paragraph I did on spoliation a long time ago. In the earliest part of my career I even told my criminal defendant clients not to talk to the cops!

Where did I say anything about liability?
 
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Technically, if you've not been denied or revoked, at 2 years plus 1 day from your judgment you can probably get BASIC Med.

Just because you can, ask if you're ready. Are you really changed enough that you're not going to get even close to another DUI or any similar situation? I have no opinion if you are or not, just that you need to ask that and be completely honest with yourself.
 
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