Does 8710-1 include alcohol convictions? Future discrepancy between medical and 8710-1?

[zulucharlie14]

Have a bit of an oddball where I'm not sure what the correct answer would be and there is little guidance from the FAA

Context: About 4 years ago I was arrested for non MVA underage drinking and later convicted. No license suspension, but I did do an online alcohol course to prevent drivers license suspension. Offense was not a misdemeanor or felony in my state and was an infraction.

Would I have to check "Yes" to the 8710-1 question "Have you ever been convicted for violation of federal or state statues relating to narcotic drugs, marijuana, or depressant or stimulant drugs or substances?"
The FAA states to "Not include alcohol offenses including a motor vehicle mode of transportation as those are covered on the 8500-8 medical application," but there is no information about whether general alcohol offenses should be included or not and in the parameters of that question it doesn't seem that is what the FAA is asking for.

Historically I have answered no because I thought this was dismissed after I completed the online course, but after digging up some documents for something unrelated I learned it hadn't and that the course was just so my license was not suspended.

I have also always checked "no" on both 18W (not misdemeanor or felony) and 18V. 18V gives guidance in the expansion box that states "Conviction means any judgment of guilt based on a jury, court, or military verdict, a plea of guilty, or a plea of no contest. If you answer yes, you should report report all misdemeanor and felony convictions regardless of the class of conviction and regardless if the conviction is pending on appeal to another court." Again, this was not a misdemeanor or felony conviction so I did not include in it in 18V. My arrest also does not need to be included in 18V as it was not a motor vehicle action as per the guidance in the expansion box.

So I believe I am in the right by not reporting on the medical, but I am wondering if this is required on the 8710-1, and if so, what sort of headache will arise from these not matching?

Anything is appreciated!

 

[Clip4]

In some states, a conviction of under age drinking results in a license suspension and your participation in a program stopped the motor vehicle action.

Were you under age 18 when this occurred?

 

[zulucharlie14]

In some states, a conviction of under age drinking results in a license suspension and your participation in a program stopped the motor vehicle action.

Were you under age 18 when this occurred?

I was under 18 but I was not driving, it was not at all a MVA, my state just normally suspends license for underage drinking

 

[Clip4]

I was under 18 but I was not driving, it was not at all a MVA, my state just normally suspends license for underage drinking

I get you didn’t have a MVA, but the question is how your state processes juvenile charges. In some states, your alcohol charge may have been non-criminal (unofficial) complaint for juvenile delinquency - which may explain why you have characterized the event as an infraction.

I suggest consult an attorney..

 

[zulucharlie14]

I get you didn’t have a MVA, but the question is how your state processes juvenile charges. In some states, your alcohol charge may have been non-criminal (unofficial) complaint for juvenile delinquency - which may explain why you have characterized the event as an infraction.

I suggest consult an attorney..

will do, I was charged as an adult even though I was 17.

 

[Clip4]

will do, I was charged as an adult even though I was 17.

Then you were likely convicted of a misdemeanor.