Old DUI

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I used to fly and got my private and instrument. I later decided I wasn't going to fly for a living and wanted to focus on finishing college. I received a DUI around a year after I had completely stopped flying. I did not report it and believe my medical was probably expired at the time. The lack of reporting was not due to me trying to hide something, but this was not a focal point in my life. I never received anything from the FAA or anyone else for that matter pertaining to my licenses.

The DUI was over six years ago and the arrest record was sealed. I did finish college and have a very good job now and believe I made the right choice. (not the DUI- that was a dumb choice).

I have recently become interested In flying recreationally and just talked to a medical examiner and was going to put everything down on the 8500-8. I was curious if anyone had any experience around these type of things or if flying is out of the cards for me now.
 
Disclose it on the medical. They'll probably defer you and ask you to write a letter explaining how stupid you were.
 
BillTIZ said:
Better yet, wait for Dr Bruce to answer.
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Bill is right. Get Bruce's answer and follow that. DO NOT FILL OUT ANY FAA
FORM OR MEDEXPRESS UNTIL THEN. His is a situation that requires doing correctly to achieve the desired outcome.

Doing it as message #2 suggests will get in the wrong space and done wrong could result in denial. And then your done forever.

Check some of the past threads on this topic to see what to expect.

Check some of the similar threads to see what to expect.
 
Does vBulletin support "quick replies" so that Dr Bruce can save some of his most common replies as a template and annotate them as necessary for the individual situations?
 
Don't leave it out or you face revocation of all your FAA certificates when the FAA does find out (and yes, they will find out even if it's been "sealed").

However, if you did violate 61.15 by not reporting a motor vehicle action while you held an FAA pilot certificate, they will not take that lightly even if you weren't actively flying at the time. IIRC, a person busted on this type of situation (who stopped flying before the reporting requirement came it, then got a DUI after the requirement came in, then reported it on his first medical application when he decided to get back into flying) was hit with a 180-day suspension even though he stopped flying before the requirement came in, and you don't have even that excuse.

All in all, what you need is competent legal advice from an aviation attorney as soon as possible, since this is a legal, not medical, issue, and every day you fail to make the 61.15 report for your DUI conviction (it was a conviction, not just an arrest, right?) just makes it worse. OTOH, if you were only arrested, not convicted, and no other motor vehicle action ensued (i.e., no suspension or revocation, no denial of a driver's license application -- see 61.15(c) for details), then you need only report this on your next medical application. Likewise, if you were sent to some sort of remedial training as a result of the arrest (even if the arrest was expunged and/or you were not convicted or otherwise found guilty), that, too, would have to be reported on your next medical application.
 
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The fact that you had a pilot certificate and, despite not having a medical, you did not report it to the airman security branch (see 61.15) means you have a violation on you PILOT certificate. You will upon application receive a summary pilot certificate suspension - usually 15-30 days. As I doubt you are a professional in training, this doesn't mean that much.

you will need to show:

DL search going back 10 year to show it's your "One and only".

Evidence of a educational course as to the dangers of ETOH.

An SAP by a "Certified Drug and alcohol Counselor"...about $180, in "FAA format", not in courtroom or DSM format, and believe me they don't know about this. I've wrrten CADCs and included the format and they send the same 'ol s_it, and then have to forced to re-do it. they never read the handout.

Letter(s) from identible persons in the community saying you are reliable, don't cancel at the last moment, and can be trusted alone with a project (the opposite of alcohol behaviors).

You'll need the original officer's descrition of your behavior, all the court papers, and the BAC if done, or the "declined" paperwork if you did decline.

Depending on what you have in the paperwork, you might be approvable on a phone call from the AME to OKC, or you may not. Can't opine on documents not in evidence....
 
bbchien said:
The fact that you had a pilot certificate and, despite not having a medical, you did not report it to the airman security branch (see 61.15) means you have a violation on you PILOT certificate.
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It is not absolutely clear from the original post that a 61.15-reportable action occurred, and that is why I suggested legal advice from an aviation attorney before doing anything else. I stand by that suggestion. If what happened falls under that section of the regulations (i.e., it constituted a "motor vehicle action" as defined in that section), then the OP is facing an enforcement action, and should use that attorney to negotiate a "best outcome" within the FAA enforcement system. If not (i.e., only an arrest without a "motor vehicle action"), then the OP has not violated any FAR's and need only report the DUI arrest on his/her next medical application with the outcome (whatever that was) -- how that is handled will be very different than a failure to comply with 61.15 after a "motor vehicle action".
 
unregistered said:
I received a DUI around a year after I had completely stopped flying. I did not report it and believe my medical was probably expired at the time. The lack of reporting was not due to me trying to hide something, but this was not a focal point in my life.
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I think this is pretty clear.
 
bbchien said:
I think this is pretty clear.
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Pretty clear, yes, but I'm not willing to assume it as a certainty without positive confirmation, which is why I said to get an attorney involved to establish positively whether or not it was a "motor vehicle action."
 
Ron Levy said:
Pretty clear, yes, but I'm not willing to assume it as a certainty without positive confirmation, which is why I said to get an attorney involved to establish positively whether or not it was a "motor vehicle action."
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......whatever....ron.......
You know, the guys at Airman Security will tell you when they are not interested......
 
bbchien said:
......whatever....ron.......
You know, the guys at Airman Security will tell you when they are not interested......
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Of course. But if it does have to be reported as a motor vehicle action, it's possible for an attorney to negotiate a better deal than the Regional Counsel might offer if the OP just reports it now. OTOH, if it's not a motor vehicle action, no sense stirring the pot.
 
Ron Levy said:
Of course. But if it does have to be reported as a motor vehicle action, it's possible for an attorney to negotiate a better deal than the Regional Counsel might offer if the OP just reports it now. OTOH, if it's not a motor vehicle action, no sense stirring the pot.
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Okay, Ron... I'm totally confuzled.

How can a DUI be anything other than a motor vehicle action?

The only way I could think of would be if OP were riding a bicycle at the time he/she was ticketed.

-Rich
 
RJM62 said:
How can a DUI be anything other than a motor vehicle action?
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If he was never convicted, never suspended/revoked/denied, and never sent to driving school. They don't seal arrests (see the original post) when you're convicted, so it's possible it was no more than an arrest, and that would not have to be reported until the next medical, and there would be no 61.15 issues. Without the legal details, there's no way to be sure exactly what it was, which is why I recommended competent legal advice.
 
bbchien said:
You will upon application receive a summary pilot certificate suspension - usually 15-30 days. As I doubt you are a professional in training, this doesn't mean that much.

.
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Not sure if this will cause any more grief than the DUI itself, but many applications for insurance(not only aviation related) will ask if you ever had a license suspended or revoked, and this may affect that as well.
 
douglas393 said:
Not sure if this will cause any more grief than the DUI itself,
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If you report the DUI in a timely manner IAW 61.15, your pilot certificate will not be subject to action.

but many applications for insurance(not only aviation related) will ask if you ever had a license suspended or revoked, and this may affect that as well.
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Exactly why any legal means to avoid a pilot certificate suspension is a good idea.
 
Ron Levy said:
If he was never convicted, never suspended/revoked/denied, and never sent to driving school. They don't seal arrests (see the original post) when you're convicted, so it's possible it was no more than an arrest, and that would not have to be reported until the next medical, and there would be no 61.15 issues. Without the legal details, there's no way to be sure exactly what it was, which is why I recommended competent legal advice.
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Ah, okay. Now I get it. I think.

-Rich
 
Ron Levy said:
If you report the DUI in a timely manner IAW 61.15, your pilot certificate will not be subject to action.

Exactly why any legal means to avoid a pilot certificate suspension is a good idea.
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Yup. Like calling the airman security branch, discussing it, and taking the guy's name. Then following with a memo.

Or you could lawyer up.
Your call.

Remember, this guy is DOWN now. The medical branch can't demand anything from him that they aren't going to demand when he goes for a physical. So what does it matter?
 
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