dui

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About a year ago I had my class III denied because I failed to provide the faa with some information they needed regarding a dui I received in 2006. Its been over a year now since I received this notice and I was also able to round up everything they wanted. My question is am I permanently grounded?
 
Unregistered said:
About a year ago I had my class III denied because I failed to provide the faa with some information they needed regarding a dui I received in 2006. Its been over a year now since I received this notice and I was also able to round up everything they wanted. My question is am I permanently grounded?
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Dr Bruce will be along in a bit...

One question.. was this simply a matter of not following through with the requested information and letting the request for medical get denied due to time lapse? or an intentional omission or requested information?
 
Doggtyred said:
Dr Bruce will be along in a bit...

One question.. was this simply a matter of not following through with the requested information and letting the request for medical get denied due to time lapse? or an intentional omission or requested information?
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Two simple words. Two simple words in the English language: "I forgot!" How many times do we let ourselves get into terrible situations because we don't say "I forgot"? Let's say you're on trial for armed robbery. You say to the judge, "I forgot armed robbery was illegal." Let's suppose he says back to you, "You have committed a foul crime. you have stolen hundreds and thousands of dollars from people at random, and you say, 'I forgot'?" Two simple words: Excuuuuuse me!!"

Steve Martin
 
Doggtyred said:
Dr Bruce will be along in a bit...

One question.. was this simply a matter of not following through with the requested information and letting the request for medical get denied due to time lapse? or an intentional omission or requested information?
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I received the denial letter about six months after the request letter. It was totally due to me letting the time frame they gave me expire.
 
Unregistered said:
I received the denial letter about six months after the request letter. It was totally due to me letting the time frame they gave me expire.
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Well, that's certainly a better situation than having the FAA discover the DUI on their own...

So it seems you declared the DUI, but were unable to gather the appropriate court and other records in time to submit them for your application, correct?

Dr. Bruce will be in shortly to give you good advice, a few things that will help him:

When did the DUI occur?
What was your BAC measured at?
 
JeffDG said:
When did the DUI occur?
What was your BAC measured at?
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And was this the only occurence in your life?
Or were there any others, if so, when? What BAC?
 
JeffDG said:
Well, that's certainly a better situation than having the FAA discover the DUI on their own...

So it seems you declared the DUI, but were unable to gather the appropriate court and other records in time to submit them for your application, correct?

Dr. Bruce will be in shortly to give you good advice, a few things that will help him:

When did the DUI occur?
What was your BAC measured at?
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When I did my physical I did declare. The dui occured in December of 2006 and the hardest thing for me to receive from the court was the record of my bac which was measured at 0.010. One reason I couldn't get the faa what they wanted in time is simply chalked up to making the time to find the right clerks office who held the records.
 
My opinion:

Now that you have all the info, your AME will probably still have to defer, because you've got both the DUI and a Denial in your record.

Check the boxes for both, and in the explanation section for the "previously denied" state that you were unable to obtain the requested information in the time given you and you now have it.

But I expect that you will have no more difficulty getting the medical this time than if you'd had all the information ready to go last time.

Of course (engineer's disclaimer), there's a chance that I'm completely wrong.
 
Unregistered said:
When I did my physical I did declare.
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One item of concern is that you may have been required to report the conviction prior to your airman's medical exam and the reason the FAA want's court records is to determine if that was true. Should this be the case you may need to be a bit more proactive going forward because the FAA could turn around and slap you with an enforcement action once they get the records.
 
gismo said:
One item of concern is that you may have been required to report the conviction prior to your airman's medical exam and the reason the FAA want's court records is to determine if that was true. Should this be the case you may need to be a bit more proactive going forward because the FAA could turn around and slap you with an enforcement action once they get the records.
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Being it the first time I've ever applied for any airmen medical certificate I was naive to the fact that a dui would need this much attention though I knew of the seriousness which is why I reported it. I should have done research before my physical but I figured the ame would have let me know what to expect regarding the dui.
 
Unregistered said:
Being it the first time I've ever applied for any airmen medical certificate I was naive to the fact that a dui would need this much attention though I knew of the seriousness which is why I reported it. I should have done research before my physical but I figured the ame would have let me know what to expect regarding the dui.
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I believe that if this was your first airman's medical certificate there was no requirement to report the dui prior to the exam so you shouldn't have any trouble with that. My comment would only apply to a current holder of a medical cert, in which case you're supposed to notify the FAA if you get arrested or convicted of DUI (or almost anything else that restricts your driving privileges) within 60 days (I think) of the occurrence in addition to reporting it to your AME at exam time (both are required).
 
Unregistered said:
Being it the first time I've ever applied for any airmen medical certificate I was naive to the fact that a dui would need this much attention though I knew of the seriousness which is why I reported it. I should have done research before my physical but I figured the ame would have let me know what to expect regarding the dui.
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Unfortunately, that is not how it works. One has to have one's ducks in order before showing up for the exam.
 
Actually you are lucky you still have your pilot certificates. The ONLY reason they haven't come for them is you have no medical and can't fly now.

Email me offline if you want. This is really really complicated and involves FAA legal.
 
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Thanks, Dave, I can see that the OP could be read that way.

If it's true that this was a first time certification attempt, FAA legal is NOT involved and it's mondo simpler.

Get your court records, including BAC (if any, I hope you blew because FAA will assume it to be .15 or greater if you didn't) and the officer's description of the behavior, A complete Driver's license search back to when you got your license; if you were .15 or didn't blow, you need a Substance Abuse evaluation according to the format required by FAA (attached). This format is DIFFERENT that most licensed Masters licensed evaluators are used to (they use DSM4, whcih has eleven criteria, if you have 4 you're positive; for FAA if you have any of 5 of them you're positive). See attachment.

Send them all to AAM 331 PO box 26200, Oklahoma City, OK 73125-0080 for reconsideration.
 

Attachments

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Some added information second hand by PM, if the BAC WAS BELOW 0.15 the AME can issue if you get him all the stuff in the previous post. Heck, if you get me all that stuff so long as the BAC was <.15, and you were stumbling around showing you don't have tolerance, ANY AME can issue. But we need all the stuff in post 16, including the DL search to show it is the one and only.....

Sorry, I have to read the strings more closely, THANKS to everyone for pointing this out... I'm just Soooo very used to the guys who are driving around with BACs of .2 or above.....monitoring programs.....etc.

Here's the source material- http://www.faa.gov/about/office_org...m/ame/guide/app_process/app_history/item18/v/
 
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bbchien said:
Some added information second hand by PM, if the BAC WAS BELOW 0.15 the AME can issue if you get him all the stuff in the previous post. Heck, if you get me all that stuff so long as the BAC was <.15, and you were stumbling around showing you don't have tolerance, ANY AME can issue. But we need all the stuff in post 16, including the DL search to show it is the one and only.....

Sorry, I have to read the strings more closely, THANKS to everyone for pointing this out... I'm just Soooo very used to the guys who are driving around with BACs of .2 or above.....monitoring programs.....etc.

Here's the source material- http://www.faa.gov/about/office_org...m/ame/guide/app_process/app_history/item18/v/
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If I get this right...if you have a low BAC, it's better if you appear to be extremely drunk in the officer's report...because it shows you've not developed a tolerance?:hairraise:
 
Unregistered said:
this was the one and only occurrence in my life. I hardly even drink anymore.
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That right there is the best thing I've read here!

I buy myself some beer when I travel back up to the Great White North about once a year...generally a couple dozen does me until my trip the next year!
 
JeffDG said:
If I get this right...if you have a low BAC, it's better if you appear to be extremely drunk in the officer's report...because it shows you've not developed a tolerance?:hairraise:
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THAT IS SPOT ON. If you blow over 0.15, you'd better pretty much be face down in the gutter, as in, open the door, fall on the curb, and are unable to get up.
 
bbchien said:
THAT IS SPOT ON. If you blow over 0.15, you'd better pretty much be face down in the gutter, as in, open the door, fall on the curb, and are unable to get up.
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And all I have to say is. The average person usually thinks they have a buzz at this level of intoxication. They don't even think they are drunk. When I see people falling down drunk they are in the .30-.40 range.

I'm not saying this to challenge Doc Bruce. I'm saying it as a warning to the ordinary Joe who might have a drink or two on the weekend, not even on a daily basis.

A 180 lb male will usually blow over 0.08 (edit - had 0.8 there which would be lethal) if they have 3 drinks in one hour. 4-5 in that first hour, or having more than one drink an hour will raise that bac even further towards that .15. The average guy will still be walking and still think they can drive at that level.

You will process out the equivalent of one drink an hour, with that being an oz of 120 proof booze, 12 oz of beer or 8 oz of wine.

Be smart guys. You usually don't realize that what you call a buzz is legal intoxication in all but the worst of lightweight drinkers.
 
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The FAS (Dr. Tilton) thinks there are good data to say, an alcohol naieve person really should be nonfunctional at about 0.20. I don't have the data, and it would take me several hours to get it. It would be in J.Clinical Pharm or T. Toxicology or the like.

But what we look for in doing the assessments is someone who does TOO WELL for his BAC. That guy is tolerant and is drinking a lot, at all the other times. That's the guy who gets the denial or the monitoring program.
 
Doggtyred said:
A 180 lb male will usually blow over 0.8 if they have 3 drinks in one hour.
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You meant 0.08, I'm sure. Otherwise I like the post. If two of those drinks are before dinner (stomach empty), it'll be higher - at least with us 155 pounders.
 
Doggtyred said:
A 180 lb male will usually blow over 0.08 (edit - had 0.8 there which would be lethal) if they have 3 drinks in one hour.
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The HIGHEST I ever bid in the coffee can betting contests (in the ER conference room) was 0.35 to 0.40. He was a well known chronic abuser, and I won the pot on that one.
 
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