DUI 12 Years Ago / No Records

[Gator1975]

Greetings,

I made a terrible decision of driving while intoxicated in 2010 (12 years ago). The testing showed a BAC of .157 . I immediately notified the FAA.

After all these years, I’d like to get my medical again. Unfortunately, given the time duration since - ALL court records and test results have been destroyed by law enforcement and the local court (in this instance, was after 7 years of conviction due to records retention state statute).

How should I proceed? I know the > .15 means requires the AME to defer. But, what do I do with no records - how do I submit something the FAA wants that doesn’t exist?

Thanks for any help.

 

[Gator1975]

Greetings,

I made a terrible decision of driving while intoxicated in 2010 (12 years ago). The testing showed a BAC of .157 . I immediately notified the FAA.

After all these years, I’d like to get my medical again. Unfortunately, given the time duration since - ALL court records and test results have been destroyed by law enforcement and the local court (in this instance, was after 7 years of conviction due to records retention state statute).

How should I proceed? I know the > .15 means requires the AME to defer. But, what do I do with no records - how do I submit something the FAA wants that doesn’t exist?

Thanks for any help.

BTW - this was for a Class 3 medical….

 

[TCABM]

Q: Why not go BasicMed?

Might be worth ordering a copy of your FAA records to see what they have on file from your previous report.

Looks like Option C is the best place to start and with missing records expect a deferral. Consult with an AME who’s got a long and successful history of shepherding airmen through the process. Probably will want a national driver registry check and driver records from any state you were licensed in as part of the documentation

https://www.faa.gov/about/office_or...UIDWI_Alcohol_Incidents_Disposition_Table.pdf

 

[Gator1975]

Q: Why not go BasicMed?

Might be worth ordering a copy of your FAA records to see what they have on file from your previous report.

Looks like Option C is the best place to start and with missing records expect a deferral. Consult with an AME who’s got a long and successful history of shepherding airmen through the process. Probably will want a national driver registry check and driver records from any state you were licensed in as part of the documentation

https://www.faa.gov/about/office_or...UIDWI_Alcohol_Incidents_Disposition_Table.pdf

Thank you for your comments.

I already did as suggested - unfortunately they don’t have anything other than my written disclosure of the incident.

I’d love to do BasicMed - unfortunately I’ve been told I have to go through an AME for a class 3 before transitioning to BasicMed…. Given the incident in question,

 

[idahoflier]

+1 BasicMed. Don't even open the can of worms...

 

[idahoflier]

I’d love to do BasicMed - unfortunately I’ve been told I have to go through an AME for a class 3 before transitioning to BasicMed…. Given the incident in question,

I haven't ever seen that requirement and this doesn't say anything like that:
https://www.faa.gov/licenses_certificates/airmen_certification/basic_med

 

[idahoflier]

I haven't ever seen that requirement and this doesn't say anything like that:
https://www.faa.gov/licenses_certificates/airmen_certification/basic_med

Unless your last third class was revoked...

 

[Half Fast]

Q: Why not go BasicMed?

From 61.23,
The most recently issued medical certificate -

(A)May include an authorization for special issuance;

(B)May be expired; and

(C)Cannot have been suspended or revoked.


I’m pretty sure his medical would have been revoked.

 

[Gator1975]

Unless your last third class was revoked...

It wasn’t revoked - I surrendered it immediately after the incident.

Again, BasicMed isn’t an option until I go through the Class 3 route 1 time… which by the way I agree with. I screwed up, and I have no problem proving or jumping through hoops to the FAA that this was a very isolated incident. I just don’t know what to do given no records !!

Part of my issue is I read somewhere (can’t find it now) basically if you have no documents the FAA will treat the incident as a > .20 situation since they can’t determine/verify the BAC.

 

[Salty]

It wasn’t revoked - I surrendered it immediately after the incident.

Again, BasicMed isn’t an option until I go through the Class 3 route 1 time… which by the way I agree with. I screwed up, and I have no problem proving or jumping through hoops to the FAA that this was a very isolated incident. I just don’t know what to do given no records !!

Part of my issue is I read somewhere (can’t find it now) basically if you have no documents the FAA will treat the incident as a > .20 situation since they can’t determine/verify the BAC.

Why did you surrender it? If they asked for it back then it was revoked.

 

[TCABM]

…I’d love to do BasicMed - unfortunately I’ve been told I have to go through an AME for a class 3 before transitioning to BasicMed…. Given the incident in question,

Was your last medical certificate suspended or expired in suspension?

ETA

Surrender may not equate to formal suspension and it does pay to understand what the FAA status was.

Also

…Part of my issue is I read somewhere (can’t find it now) basically if you have no documents the FAA will treat the incident as a > .20 situation since they can’t determine/verify the BAC.

It’s above .150 and it’s covered in a link in the document I linked.

 

[idahoflier]

I would consult with one of the AME's that frequent this site for options/process or contact the FAA directly...

 

[TCABM]

From 61.23,
The most recently issued medical certificate -

(A)May include an authorization for special issuance;

(B)May be expired; and

(C)Cannot have been suspended or revoked.


I’m pretty sure his medical would have been revoked.

It may have, but why assume? One big reason why I suggested getting a copy of the FAA records.

 

[Gator1975]

It may have, but why assume? One big reason why I suggested getting a copy of the FAA records.

So basically when I reported the DUI - I received a letter from OKC telling me what I needed to do to retain my medical. It was requesting a statement, report from addictionologist, written report from substance abuse professional, etc. If this wasn’t done within 30 days, it was directed to surrender the medical. Given where I was in my life, I didn’t do the steps within 30 days so I mailed it back….

 

[Gator1975]

I would consult with one of the AME's that frequent this site for options/process or contact the FAA directly...

That is exactly what I’m hoping my posting will do….

 

[Gator1975]

Was your last medical certificate suspended or expired in suspension?

ETA

Surrender may not equate to formal suspension and it does pay to understand what the FAA status was.

Also

It’s above .150 and it’s covered in a link in the document I linked.

I get that. But how do you prove to the FAA what the BAC was if there is no paperwork? Surely they aren’t going to just take my word for it.

 

[bbchien]

The list of stuff they want is the same between 2010 and now.
Punch that list!

If you can't prove a BAC, you will need a Cert. Alcohol And Drug Counselor's evaluation according to DSM 4 (not the current DSM 5 -usually it will be a guy with a Masters' degree); Personal statement, Stipulate to a 0.157; and State DMV lifetime record (to prove it's your "one and only".

B.

 

[TCABM]

I get that. But how do you prove to the FAA what the BAC was if there is no paperwork? Surely they aren’t going to just take my word for it.

As dr bruce said, just admit to to it to the FAA. I would take his advice because he’s probably got more pilots with a substance abuse problem or history certified with a medical than just about any other AME out there.

He might even be willing to take you on and his price is extremely reasonable.

http://www.aeromedicaldoc.com/how-to-start.html

 

[Gator1975]

The list of stuff they want is the same between 2010 and now.
Punch that list!

If you can't prove a BAC, you will need a Cert. Alcohol And Drug Counselor's evaluation according to DSM 4 (not the current DSM 5 -usually it iwl be a guy iwth a Masters' degree); Personal statement, Stipluate to a 0.157; and State DMV lifetime record (to prove it's your "one and only".

B.

Dr. Chien - this is exactly the information I was looking for. Many thanks!

 

[Gator1975]

As dr bruce said, just admit to to it to the FAA. I would take his advice because he’s probably got more pilots with a substance abuse problem or history certified with a medical than just about any other AME out there.

He might even be willing to take you on and his price is extremely reasonable.

http://www.aeromedicaldoc.com/how-to-start.html

Honestly, I was hoping Dr. Chien would reply. It's kind of him to give his thoughts on this site!

 

[Brad Z]

So basically when I reported the DUI - I received a letter from OKC telling me what I needed to do to retain my medical. It was requesting a statement, report from addictionologist, written report from substance abuse professional, etc. If this wasn’t done within 30 days, it was directed to surrender the medical. Given where I was in my life, I didn’t do the steps within 30 days so I mailed it back….

FWIW, that is a revocation.

 

[PiperW]

The FBI doesn’t normally purge arrest records that ended in some type of settlement and yes they get copies of arrest records from local and state police. There are plenty of companies that provide the service of submitting your finger prints to the FBI and getting your records emailed to you in a few hours.

 

[Clip4]

The state BMV will have records concerning the offense. You can request a certified transcript.