DUI and Substance possession

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OHFAA

Filing Flight Plan
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OHFAA
I know there are tons of DUI posts but this case is a little different and need some professional suggestions. Many thanks as the person is quite lost and down.

One of my family members wants to start his career 2.0 as a pilot but he had DUI record 20+years ago with <0.15 BAC. But what made it complicated is he was arrested for DUI AND marijuana possession at the same time. The latter was not charged though.

He knows he will probably have to go through the 14 months process. Is that true? Does he still have a chance to be hired by cargo/passenger airlines?
Thank you very much for your suggestions!
 
I answered an email with the identical scenario this week. The problem is marijuana, in combination. Given the BAC WE could evaluate and issue the DUI, but doesn’t have a “threshold”. Thus the need for a part 67 psychiatry assessment.."
 
bbchien said:
I answered an email with the identical scenario this week. The problem is marijuana, in combination. Given the BAC WE could evaluate and issue the DUI, but doesn’t have a “threshold”. Thus the need for a part 67 psychiatry assessment.."
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Given the BAC WE could evaluate and issue the DUI, but doesn’t have a “threshold”

Thank you for your response. Could you explain what this means?
Do you have suggestions as to career? Does it mean little chance to be hired as a pilot by airline with this history? Thanks!
 
I think what Bruce is saying is that, for a single DUI, if you blow >= 0.15, dependence is assumed, but a single occurrence <0.15, 20 years ago, the applicant could be issued without much fuss.

With MJ, however, there is no such threshold, so the applicant has to go through the psych process.

I imagine he wouldn't be the first revenue pilot with such a history.
 
OHFAA said:
I know there are tons of DUI posts but this case is a little different and need some professional suggestions. Many thanks as the person is quite lost and down.

One of my family members wants to start his career 2.0 as a pilot but he had DUI record 20+years ago with <0.15 BAC. But what made it complicated is he was arrested for DUI AND marijuana possession at the same time. The latter was not charged though.

He knows he will probably have to go through the 14 months process. Is that true? Does he still have a chance to be hired by cargo/passenger airlines?
Thank you very much for your suggestions!
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Simply stated, most state DUI statutes prohibit a person under the influence of alcohol, a drug of abuse, or a combination of them for operating a motor vehicle.

While he wasn’t convicted of the possession, the marijuana is likely recorded in the DUI conviction.
 
GeorgeC said:
I think what Bruce is saying is that, for a single DUI, if you blow >= 0.15, dependence is assumed, but a single occurrence <0.15, 20 years ago, the applicant could be issued without much fuss.

With MJ, however, there is no such threshold, so the applicant has to go through the psych process.

I imagine he wouldn't be the first revenue pilot with such a history.
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I see. No job from legacies is acceptable, as long as he can get a job in regional or ULCC.
 
OHFAA said:
I know there are tons of DUI posts but this case is a little different and need some professional suggestions. Many thanks as the person is quite lost and down.

One of my family members wants to start his career 2.0 as a pilot but he had DUI record 20+years ago with <0.15 BAC. But what made it complicated is he was arrested for DUI AND marijuana possession at the same time. The latter was not charged though.

He knows he will probably have to go through the 14 months process. Is that true? Does he still have a chance to be hired by cargo/passenger airlines?
Thank you very much for your suggestions!
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My first suggestion is my usual one: Have someone who understands exactly what they are looking at review the arrest and court records.
 
OHFAA said:
I see. No job from legacies is acceptable, as long as he can get a job in regional or ULCC.
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The simple answer is if the individual is eventually authorized by the FAA (and most are), the career limitation would likely only be limited by something the criminal background check or NDR that’s disqualifying.
 
TCABM said:
The simple answer is if the individual is eventually authorized by the FAA (and most are), the career limitation would likely only be limited by something the criminal background check or NDR that’s disqualifying.
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Thank you for your response.
 
OHFAA said:
Do you suggest hiring a lawyer to interpret the records?
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As mentioned, the DUI itself is probably enough to trigger an inquiry but as @bbchien said, the real problem may be the marijuana combination. That means your family member wants to be very accurate. So a lawyer to review the record is usually the best choice. My own experience is that its rare for the accused in a criminal case to understand the details of the process. Ideally, the lawyer will be someone who understands the criminal law of your state and the FAA requirements, because things that are "no big deal" in the world of criminal law can be a very big deal with the FAA. Fortunately, that kind of combined knowledge is true of many if not most of the lawyers on the AOPA list. If not, it may require a consult between the lawyer and the AME.
 
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