So I have been corresponding with an airman want-to-be. He reports DUI 2002 and 2004. He refuses to answer my three time inquiry into did he blow- noting that they have been expunged. Two DUIs and inability to prove both < 0.15 BAC means HIMS evaluation. In the discussion, I describe the "tools" that the HIMS psychiatrists want: random negative urines, letters from those in a position to know as to a sober life, evidence of any AA attendance (evidence, of realization that "hey this is a problem"). He is evasive as to his sobriety date, and finally tells me that he drinks sporadically- beer last week. So I tell him he will not succeed, because he will not. FAA-wise He has lost the privilege of an occasional beer or three, as he has plainly continued the use of alcohol even though he has had adverse consequences of its continued use (the 2004 DUI). He then says, "we'll I'll see an attorney, I haven't driven drunk since 2004", and I reply that will freeze any application for about two years as the docs stop talking once an attorney is involved. WIth continued drinking, at best the agency will also require a HIMS neuropsychology evaluation - is the drinking at a low enough level that the guy's brain is right? Now we're up to $6.5 K. *** FAAs point of view: He has at least abuse. At a very minimum, that is a 24 month monitored sobriety special issuance. The question is, has he abused again in the prior two years (67.307), which by reg. prevents issuance. That's sort of hard to prove unless you can claim abstinence, and show it with urines, which is why the HIMS psychiatrists want that tool. So the question is, here's a guy who apparently "has it under control" but our FAA standards are higher than that. I had to wish him well and note that essentially at this point he has to choose beer, or Air. It doesn't matter how old the DUIs are. In this situation a civil attorney can only ask was proper procedure followed (this is Admin. Law) and the above is exactly how they will proceed. He isn't flying anytime soon.