DUI questions

danek123

Filing Flight Plan
Joined
Sep 13, 2023
Messages
8
Display Name
QuandaleD
IR Private pilot who had a DUI in 2020. I was just convicted in April of 2023. Since reporting and sending out the information packet I noticed that on the police report my BAC was stated at .15 +-0.007. Do any of you believe that the FAA may take that into consideration? In addition to that, is anyone aware of what kind of wait time I may be looking at while they review my case? Thanks.
 
Last edited:
Hopefully, you made your mandatory report to the FAA security folks within 60 days. Otherwise, you better get an attorney.

The FAA threshold for a determination of tolerance is 0.15 OR above. I doubt that the possibility you might have been 7/1000 lower is going to matter much to them. All BAC tests have some accuracy statement and the FAA isn't concerned about it.

Besides even with a lower BAC, a recent conviction is going to put you in HIMS city anyhow.
 
Hopefully, you made your mandatory report to the FAA security folks within 60 days. Otherwise, you better get an attorney.

The FAA threshold for a determination of tolerance is 0.15 OR above. I doubt that the possibility you might have been 7/1000 lower is going to matter much to them. All BAC tests have some accuracy statement and the FAA isn't concerned about it.

Besides even with a lower BAC, a recent conviction is going to put you in HIMS city anyhow.

You mean that even if it was below .15 it could still get deferred?
I reported it after I was convicted in April. I was wondering if anyone has an idea on the timeframe I could be looking at from sending in my information to the medical certification division and getting a response from them.
 
If you have a DUI in the past five years, no matter WHAT BAC you have, you *WILL* be deferred. You can shave some time on the process by providing all the stuff the FAA will want at the outset (10 year driving history, personal statement, court records, treatment records...). A good HIMS AME would be helpful.
 
I could be wrong, but I was under the impression that 60 day window was after the date of the 'action', the reg states below. I get the 'innocent until proven guilty' and all that, but, the FAA is not judicial and the reg clearly states written notice after the motor vehicle "action" - the third bullet point also makes a point to clarify "conviction" or "action" ..

61.15(e)

Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC–700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:


(1) The person's name, address, date of birth, and airman certificate number;

(2) The type of violation that resulted in the conviction or the administrative action;

(3) The date of the conviction or administrative action;

(4) The State that holds the record of conviction or administrative action; and

(5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.



Anyway, good luck.
 
If you have a DUI in the past five years, no matter WHAT BAC you have, you *WILL* be deferred. You can shave some time on the process by providing all the stuff the FAA will want at the outset (10 year driving history, personal statement, court records, treatment records...). A good HIMS AME would be helpful.
I think that these days, a consultation with a good HIMS AME is pretty much essential.

@danek123, if you think society has become very intolerant of alcohol and driving, you ain't seen nothin' yet.
 
I could be wrong, but I was under the impression that 60 day window was after the date of the 'action', the reg states below. I get the 'innocent until proven guilty' and all that, but, the FAA is not judicial and the reg clearly states written notice after the motor vehicle "action" - the third bullet point also makes a point to clarify "conviction" or "action" ..

61.15(e)
There are two completely different issues, so maybe this need clarification. The 61.15 report is not a medical report and a first incident is not likely to result in pilot certificate action.

61.15(d). Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:​
(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or​
(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.​

That's not usually the problem. The problem is the effect on medical certificate status
 
I think that these days, a consultation with a good HIMS AME is pretty much essential.

@danek123, if you think society has become very intolerant of alcohol and driving, you ain't seen nothin' yet.
And @danek123 , certainly you've gone through all this internally and don't need to hear again on a message board, but... .15% for an 180lb man is what, 7 drinks in about an hour? And as a pilot you are supposed to be familiar with the decision making process? How many times have you driven this way but were not caught?
There is good reason that there is very heavy scrutiny for this type of infraction among the flying community.
 
The arrest does not count as the "action" per FAA.
The conviction of course is an "action" and potentially the driver license could have been suspended after the arrest which would have been its own "action".
You are correct. The "arrest" itself is not a motor vehicle action." But the even temporary administrative suspension of driving privileges that typically accompanies the arrest is.
 
Well, one big problem is what happens if you fail to make the report (even once).
If there was no action (i.e. suspension) on the airman's driver's license prior to the conviction, the 60 day report clock did not start until the conviction occurred. This has already been stated.

0.15 BAC plus or minus anything will be viewed as 0.15 BAC in the eyes of the FAA........ bet. It'll be an uphill climb to get out of a dependence diagnosis. Welcome to HIMS. And it may just be a good thing for you, who knows?
 
If there was no action (i.e. suspension) on the airman's driver's license prior to the conviction, the 60 day report clock did not start until the conviction occurred. This has already been stated.

0.15 BAC plus or minus anything will be viewed as 0.15 BAC in the eyes of the FAA........ bet. It'll be an uphill climb to get out of a dependence diagnosis. Welcome to HIMS. And it may just be a good thing for you, who knows?
I never inferred otherwise. You need to read back through the posts I was replying to. I was commenting on midlifeflyer's comments about the relative severity. What the FAA does to you on your medical or even in response to the 61.15 report is nothing compared to what happens when they catch that you failed to make the report when required.
 
If you have a DUI in the past five years, no matter WHAT BAC you have, you *WILL* be deferred. You can shave some time on the process by providing all the stuff the FAA will want at the outset (10 year driving history, personal statement, court records, treatment records...). A good HIMS AME would be helpful.
Hello, I met with a HIMs AME after receiving letter requesting evaluation. My bac was .13 and it was my first and only offense. Alcohol only involved. Do you for see them requiring the psychiatrist eval? Really hoping not as I have heard they are quite costly. The FAA has had all required docs since July.
 
If you have a DUI in the past five years, no matter WHAT BAC you have, you *WILL* be deferred. You can shave some time on the process by providing all the stuff the FAA will want at the outset (10 year driving history, personal statement, court records, treatment records...). A good HIMS AME would be helpful.
That is not necessarily true. BAC <0.15 one time proven there are no others, single offence in the recent <<5 year history, neg FBI search, neg Crim. Bkgrnd search, HIMS AME reads his personal statement, interviews (and I do some spot testing) and evaluates according to part 67 defintions, and make the case and issues and be upheld. But you gotta get it right , look at block "C" n the disposition table.

BTDT even this year.
 

Attachments

Last edited:
Thank you for the feedback. The July visit was to regular AME, where I provided all the above mentioned items. My first and only letter thus far (came in August) upon review of all the submitted documents, just said to visit with an Hims AME for an evaluation and that he would say submit report after. Also brought the paperwork to HIMs AME with personal statement so he would have. I have nothing else on my record, one and only offense. We had a great conversation, he could tell I don’t have a problem, just make a grave mistake. He said he would recommend they give me a warning, knowing this will be my last mistake. Has me doing an alcohol monitoring program to show FAA I am sober. Any thoughts on how it could play out now?
 
Thank you for the feedback. The July visit was to regular AME, where I provided all the above mentioned items. My first and only letter thus far (came in August) upon review of all the submitted documents, just said to visit with an Hims AME for an evaluation and that he would say submit report after. Also brought the paperwork to HIMs AME with personal statement so he would have. I have nothing else on my record, one and only offense. We had a great conversation, he could tell I don’t have a problem, just make a grave mistake. He said he would recommend they give me a warning, knowing this will be my last mistake. Has me doing an alcohol monitoring program to show FAA I am sober. Any thoughts on how it could play out now?
Forgot to mention, offense occurred 2 plus years ago. So, within that section on disposition table.
 
Aspiring pilot: Did you blow?
I did not blow but went to hospital and did blood, which resulted in .13. It occurred in Wisconsin so it was considered an OWI which for first time in the state is civil traffic infraction.
 
What kind of infraction it is and whether or not you have a “problem” is immaterial.

If you’re going for a 2/c or 3/c your odds of a warning are better I think. An AME supporting that is definitely good. Submitting with a period of “monitoring” is also good.

It’s all pretty random and based on what someone with no expertise just “thinks” about it behind closed doors (read home, not even at work…).

The govt being “closed” is your biggest enemy right now.
 
That's less of a problem than you think so long as the time interval betwen the stop and the blood is < 1 hour.
A HIMS AME becomes the evaluator and can issue that if everything is right. But if it's more than an hour DIFFERENT deal.
 
What kind of infraction it is and whether or not you have a “problem” is immaterial.

If you’re going for a 2/c or 3/c your odds of a warning are better I think. An AME supporting that is definitely good. Submitting with a period of “monitoring” is also good.

It’s all pretty random and based on what someone with no expertise just “thinks” about it behind closed doors (read home, not even at work…).

The govt being “closed” is your biggest enemy right now.
Understood. Going for first class. I was close to finishing commercial requirements when this all began. Yes shutdown has delayed FAA sending AME my medical file. Release form has been in their possession since sept 18 and they told me still haven’t received because of the shutdown.
 
That's less of a problem than you think so long as the time interval betwen the stop and the blood is < 1 hour.
A HIMS AME becomes the evaluator and can issue that if everything is right. But if it's more than an hour DIFFERENT deal.
It’s pretty close, I’d have to review report. I was under impression bac rises within few hours after last drink so I thought it would have been lower if drawn immediately. Hope that aspect doesn’t impact further but out of my control now. fingers crossed monitoring thru AME is sufficient.
 
It’s pretty close, I’d have to review report. I was under impression bac rises within few hours after last drink so I thought it would have been lower if drawn immediately. Hope that aspect doesn’t impact further but out of my control now. fingers crossed monitoring thru AME is sufficient.
Just looked.. hour and 10 min apart
 
Sounds like you're going through what i went through, except i had two dui’s. They only required me to get evaluated by a HIMS AME also. And i was proactive just like you by starting alcohol random screenings. Just give it time and as long as you have a good HIMS AME that will write up a good report on you, you'll be fine. I don't see why they cant issue yours on the spot being under .15 and only one. You can look up my story if you like.
 
Sounds like you're going through what i went through, except i had two dui’s. They only required me to get evaluated by a HIMS AME also. And i was proactive just like you by starting alcohol random screenings. Just give it time and as long as you have a good HIMS AME that will write up a good report on you, you'll be fine. I don't see why they cant issue yours on the spot being under .15 and only one. You can look up my story if you like.
I have to know what is your story and how long you waited. In the same situation but they keep loosing my paperwork and your bac was almost twice as much.
 
Back
Top