dwi

[Unregistered]

I have A private Ihavent flew in 8 years I made a mistake 2 years ago and got behind a wheel of a car. I knew of a com piolt that also happend to years back and faa pulled his medical. Iwas wondering if i tried to get my medical now would it affect it.

 

[TMetzinger]

If you don't report it, absolutely. If you do report it, and it's only one incident, you'll have to jump through additional hoops to document things, but you should retain your medical, assuming alcohol isn't a problem in your life.

I forget how far back the feporting window goes , if it's only two years you might just want to wait until it no longer applies. I'll say it again - no matter what, do NOT omit, obscure, or otherwise be less than truthful on your medical form.

 

[gismo]

If you don't report it, absolutely. If you do report it, and it's only one incident, you'll have to jump through additional hoops to document things, but you should retain your medical, assuming alcohol isn't a problem in your life.

I forget how far back the feporting window goes , if it's only two years you might just want to wait until it no longer applies. I'll say it again - no matter what, do NOT omit, obscure, or otherwise be less than truthful on your medical form.

There's a sticky non-sensical aspect to this. The FAA requires you to report things like a DWI (used to be conviction but I think now it's any arrest regardless of conviction) within 60 days of the occurance. As strange as it sounds, this is required even if you aren't flying and don't have a valid medical certificate at the time. Also IIRC, reporting said DWI arrest and/or conviction at the time of your next medical exam doesn't count even if that's within the 60 day reporting period. So assuming I've got this straight, technically if that DWI wasn't reported to the FAA 2 years ago you are in violation and could see certificate action if you just went ahead and applied for a medical.

Based on all that, my advice is to consult an aviation attorney before doing anything to learn the best way to straighten this out (or find out that I've got it all wrong). And the least expensive route for that would be to sign up for AOPA's legal services plan first.

 

[TMetzinger]

Thanks, Lance... I'd forgotten about the reporting requirement, and that it applies to holders of pilot certificates (what's the FAR again), not just medical certificates... so I guess it applies to Sport pilots and glider pilots too?

 

[gprellwitz]

From a three-year-old AOPA article (though I don't think the regs have changed on this):

According to FARs 61.15 and 61.16, after any DUI/alcohol-related motor vehicle action, you must submit a report to the FAA Internal Security and Investigation Division within 60 days of the date of conviction or administrative action. Administrative action is the denial, suspension, cancellation, or revocation of a driver's license, or the failure of or refusal to take a Breathalyzer test.
Failure to file a report with the Internal Security Division within 60 days may result in the suspension of your airman certificate for up to 120 days.
"If you miss the 60-day deadline, it's best to file the report anyway. A report filed late is better than not reporting at all and having the discrepancy become apparent at the time of your next medical renewal," Crump said.

And the FAR cited can be found at 61.15
. Presuming you didn't refuse the breatahyzer, you can ignore 61.16

 

[TMetzinger]

Yep, this applies to you whether you need a medical or not, and whether you're flying or not. From the moment you get your student pilot certificate until the moment you surrender your certificates (or die), you must report this stuff to the FAA. That's how I read the reg, anyway.

 

[Unregistered]

I had three - count them three dui's before I got my student permit. I am in AA. As long as you are sober now...the medical branch will work with you. It is a lot and I mean a lot of paperwork....but as long as you are clean and sober you can continue to fly.

 

[bbchien]

Well, you don't now have a medical. If you report it now, they'll not do much, but if you subsequently then apply for a medical, you will get the nth degree....unless you wait yet another couple of years.

EG, you cannot report no, inactive, get action against you waived (as you have no medical), and then subsequently apply and expect not to have action taken- e.g, complete analysis of your situation, court reports, current status reports, etc. One is NOT a dodge for the other.

If you have only ONE you will be able to jump throught the hoops. But if you have two you at best are looking at a special issuance.

 

[poadeleted20]

Crump's advice may be good on the medical side, but it's bad on the legal side. If you report it now, you're going to face a 3-6 month suspension of your pilot certificate for violation of 61.15 (failure to report within 60 days). Lance's advice is better -- contact an aviation attorney, and have the attorney approach the FAA Counsels on your anonymous behalf and negotiate a deal.