DUI Question - I Searched

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Anonflyer18

Filing Flight Plan
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Anonflyer
I am looking into getting my 3rd class PPL to fly recreationally and wanted to get the medical portion completed first. I am going to respond "yes" to question 18.v on the questionnaire.

I was pulled over 25 years ago and during the traffic stop, I conducted a field sobriety tests but refused the preliminary breath test on the side of the road. I was arrested and taken to the police station. At the police station, I did submit to the large breathalyzer test and blew a .083. My question is, will my refusal of the initial portable breath test automatically trigger a deferral by the AME or will the fact that I did take the breathalyzer at the police station be enough information for the AME to issue my medical certificate? I will give the AME a copy of the police report, court documentation etc. which shows that I blew a .083 at the station.

I did search but I could not find any information on this exact scenario. Thank you.
 
It's the lack of documented BAC that becomes a big problem, not the refusal itself. You have a documented BAC in the record, so that's what will determine how things go for you.
 
Lindberg said:
It's the lack of documented BAC that becomes a big problem, not the refusal itself. You have a documented BAC in the record, so that's what will determine how things go for you.
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He blew, wait for a doc to come along, but sounds doable.
 
Thank you for your responses. Yes, I did take the breathalyzer at the police station, after the initial refusal on the side of the road, and the result was .083 which is documented multiple times in the police report.
 
This is you.

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Gather all the documentation listed on this form:


Take it with you when you go to your AME appointment for a consultation.

The AME should be able to issue your certificate, but it's still not a bad idea to go to an AME to specialize as in difficult cases and will do a consultation first. That way you make sure everyone's comfortable with the process.
 
You will need to prove you assertion that it is your one and only, that your BAC was 0.083 to the AME. that means arrest record, lifelong DMV search…..personal statement, written analysis by HIMS AME. The audit rate is 100% but if you can show all to be substantiated, you will get issued.
 
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The thing you refused was a PBT, preliminary breath test… you can ALWAYS refuse that.

If you do, the cop then needs to determine if it’s worth their time to arrest. If so, at that point a refusal is poignant.

I wouldn’t AUTOMATICALLY goto a HIMS doc. Many are “in recovery” themselves and quite biased. Remember, there are people in HIMS that bled a ZERO POINT ZERO.

Get a consult, THAT is critical.
 
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Tools said:
I wouldn’t AUTOMATICALLY goto a HIMS doc. Many are “in recovery” themselves and quite biased. Remember, there are people in HIMS that bled a ZERO POINT ZERO.
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If you have a recent DUI conviction, you have little choice if you want to be certified. Going to a non-HIMS AME is going to be a waste of time.
 
Gather all of your info, take it to a consult and meet with the AME. The AME should be familiar with the decision tree posted above, and it does not have to be a HIMS AME. Do not give them your MedExpress applicaton number, as that is the trigger for starting the medical exam and a required follow-through to approved/denied.

The doc should be able to issue the medical, but he's going to forward all of the info you provide to the FAA medical division. So it needs to be very thorough in providing every single item requested on the chart above.

EDIT: I've seen accounts on POA where the doctor did not follow the decision tree, either deferring when he could have issued (which they have the discretion to do) or issuing when a deferral should have been automatic (which would be an error plain and simple). Bottom line is that the FAA will take a hard look at what you send them and may notice absent information that the doc may have missed. Being thorough the first time around will pay dividends.

Also, it might help if you give up drinking altogether. It's healthier life, and the FAA sure does seem to like that better...... your call though.
 
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Thank you all for your recommendations and helping me and others understand the process.
 
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