DUI questions

[danek123]

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.

 

[flyingron]

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.

 

[danek123]

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.

 

[flyingron]

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.

 

[Tantalum]

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.

 

[midlifeflyer]

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.

 

[Mongoose Aviator]

60 day window was after the date of the 'action',

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".

 

[midlifeflyer]

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

 

[Baked Potato]

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.

 

[midlifeflyer]

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.

 

[flyingron]

That's not usually the problem. The problem is the effect on medical certificate status

Well, one big problem is what happens if you fail to make the report (even once).

 

[KeepWatch]

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?

 

[flyingron]

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.

 

[bbchien]

Here it is.....