DUI ya ya shut up

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CowboyJake

CowboyJake

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CowboyJake98
I've done enough research in the last six months trying to get out of this pinch and I'm asking is there anyone out there that can really help me avoid HIMS completely or atleast tell me something productive.

Dr. Chien or Dr. Blue or anyone?
 
I think it depends on how long ago it was and what you blew ? the magic number is 0.15 or less. If its more, I think you're in for some fun. That being said - many have gone through if you are serious about correcting said past behaviour. Abstinence, AA, urine tests etc all go a long way. If you aren't - and have that - then I think it makes the path more difficult. Will have to let the experts chime in on that one.
 
.18 BAC, sleeping in pickup, last august. self employed spray pilot, no prior alcohol history. outpatient treatment completed for HIMS AME and on to 90 in 90 of AA. but I haven't been denied or deferred a medical yet because I did all that stuff as soon as a could. If I get out now can I apply in 2 years and be viewed as alcohol abuse? I'm not complaining just facing the facts that the FAA is insane and I'm not an alcoholic and I can make a living doing something else. But if someone knows someone who knows how to get around this **** let me know.
 
Obviously the AME's will be able to tell you more. But from reading through in here and elsewhere - it does look like you will have to go through the HIMS process. I'm not sure if it was even 10 years out, that you wouldnt have to go through that. They dont like to see that. That being said - if it was 0.18 and you were sleeping and not operating any vehicle - that /might/ be a mitigating factor. However somehow I get the idea that there is more to it than this - I cant imagine they would give you a DUI for that bac when you are sleeping in your vehicle and not operating it. Usually it would be some sort of intoxication charge or something else, but not a DUI.
 
Thanks, I need to talk to an expert like you just to get a couple questions answered. I could have a degree in this topic from internet searches but the real questions I have I can't find. Is there any way I could message you or call you?
 
Anthem said:
Obviously the AME's will be able to tell you more. But from reading through in here and elsewhere - it does look like you will have to go through the HIMS process. I'm not sure if it was even 10 years out, that you wouldnt have to go through that. They dont like to see that. That being said - if it was 0.18 and you were sleeping and not operating any vehicle - that /might/ be a mitigating factor. However somehow I get the idea that there is more to it than this - I cant imagine they would give you a DUI for that bac when you are sleeping in your vehicle and not operating it. Usually it would be some sort of intoxication charge or something else, but not a DUI.
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Drunk driving in self defense doesn't exist in Minnesota.
 
Anthem said:
Obviously the AME's will be able to tell you more. But from reading through in here and elsewhere - it does look like you will have to go through the HIMS process. I'm not sure if it was even 10 years out, that you wouldnt have to go through that. They dont like to see that. That being said - if it was 0.18 and you were sleeping and not operating any vehicle - that /might/ be a mitigating factor. However somehow I get the idea that there is more to it than this - I cant imagine they would give you a DUI for that bac when you are sleeping in your vehicle and not operating it. Usually it would be some sort of intoxication charge or something else, but not a DUI.
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In Minnesota physical control, sleeping in the truck intoxicated, is a DUI offense. So is passed out 15 feet from the truck with the keys in the ignition and the engine left running in MN.
 
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Anthem said:
Obviously the AME's will be able to tell you more. But from reading through in here and elsewhere - it does look like you will have to go through the HIMS process. I'm not sure if it was even 10 years out, that you wouldnt have to go through that. They dont like to see that. That being said - if it was 0.18 and you were sleeping and not operating any vehicle - that /might/ be a mitigating factor. However somehow I get the idea that there is more to it than this - I cant imagine they would give you a DUI for that bac when you are sleeping in your vehicle and not operating it. Usually it would be some sort of intoxication charge or something else, but not a DUI.
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Guessing that he turned the key to lower the window to talk to the cop. That is considered operating the vehicle. Seen the same thing happen to a friend. BS it is but…some cops are not nice people.
 
Clip4 said:
In Minnesota physical control, sleeping in the truck intoxicated, is a DUI offense. So is passed out 15 feet from the truck with the keys in the ignition and the engine left running in MN.
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Some version of this is true in most states.
 
Morgan3820 said:
Guessing that he turned the key to lower the window to talk to the cop. That is considered operating the vehicle. Seen the same thing happen to a friend. BS it is but…some cops are not nice people.
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Not that it matters too much now but I left this guys house to avoid a fight cuz my girlfriend decided to hop in bed with him. I pulled over to sleep and stuck my feet out the window but I was pretty bombed and it was a major highway and I forgot the keys in the ignition. So pretty guilty but still ****es me off.
 
midlifeflyer said:
Some version of this is true in most states.
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Physical control is a separate law in many states (although is has same consequences) and honestly I have never heard of a court ruling in any state you are in physical control sleeping one off 15 feet outside the vehicle with the keys in it. All I can say is don’t drink and camp while listening to the truck radio in MN.
 
To summarize - You did it good. BAC of .18 goes into the realm of dependency and is 100% HIMS territory. If you want to fly again professionally, get onto it now and plan on no more drinking for the rest of your flying career. Contact an AME and get after it.

Bad Pilot! But you know that.

I don't think there's much more to add.
 
Clip4 said:
Physical control is a separate law in many states (although is has same consequences) and honestly I have never heard of a court ruling in any state you are in physical control sleeping one off 15 feet outside the vehicle with the keys in it. All I can say is don’t drink and camp while listening to the truck radio in MN.
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It's not necessarily about "physical control." It's been almost 30 years since my last DUI trial but there are probably still states which don't even have a physical control law. It's more about the evidentiary value on the issue of "were they drunk already when they drove here?" of someone who passed out 15' away from their car but not even having enough "situational awareness" to turn the engine off. Saw and read plenty of those in the 1st 18 years of my practice.

That's why I said "some version."
 
i think there is a big difference between you got drunk at a bar - decided NOT to drive and slept in your car in a parking lot to sleep it off vs you at some place that it was obvious that you were drunk and drove to get there. And that you're more annoyed with the fact and hanging your hat on the fact that you were charged while not actually operating a motor vehicle - but the underlying story is that you somehow got to where you were caught - and probably driving drunk.

But thats neither here nor there. You've heard from one of the AME's. You are firmly in HIMS territory. So you might as well just toe the line and get on with it to keep your privileges if thats what you want.
 
I never said I didn't blame myself for what happened. I said shut up if your not gonna give me productive advice. You can analize all you want and play detective I don't care. I just was looking for advice to overcome a mistake you have no idea about from some people who might be in my shoes
 
CowboyJake said:
I never said I didn't blame myself for what happened. I said shut up if your not gonna give me productive advice. You can analize all you want and play detective I don't care. I just was looking for advice to overcome a mistake you have no idea about from some people who might be in my shoes
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The best advice came from Bruce in post 5. You can try to engage Doc Bruce at http://www.aeromedicaldoc.com/how-to-start.htm . His fee will be modest and he’ll tell you how to get thru the process up front.

Only other thing I can think of for you to start a random UA program (14x/yr) to build the chain of evidence so FAA knows you have proven sobriety when you re-submit.
 
CowboyJake said:
I never said I didn't blame myself for what happened. I said shut up if your not gonna give me productive advice. You can analize all you want and play detective I don't care. I just was looking for advice to overcome a mistake you have no idea about from some people who might be in my shoes
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I think you have a mistaken fallacy in that you can control the narrative. . its a discussion forum. You get what you paid for - which in this case, I think is not very much. Anyone can post anything they want within moderated bounds. You telling someone to "shut up" if they dont say anything that you want to hear - is the same thing as someone saying "why dont you shut up and stop driving drunk and you wouldnt have been in the predicament you put yourself in". The reality is that you put the question and asked for opinions - you dont get to decide which opinions can be expressed. You do get to decide which ones you want to listen to.

So one AME has already opined in. My guess is the other two are in the same boat but I cant speak for either one of them. If you want- all 3 of them can be retained and give you actual paid for advice. Whether you choose to listen is of your own choosing.
 
Anthem said:
I think you have a mistaken fallacy in that you can control the narrative. . its a discussion forum. You get what you paid for - which in this case, I think is not very much. Anyone can post anything they want within moderated bounds. You telling someone to "shut up" if they dont say anything that you want to hear - is the same thing as someone saying "why dont you shut up and stop driving drunk and you wouldnt have been in the predicament you put yourself in". The reality is that you put the question and asked for opinions - you dont get to decide which opinions can be expressed. You do get to decide which ones you want to listen to.

So one AME has already opined in. My guess is the other two are in the same boat but I cant speak for either one of them. If you want- all 3 of them can be retained and give you actual paid for advice. Whether you choose to listen is of your own choosing.
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Can we sticky post this someplace? How do I copy this for future use. Absolutely awesome.
 
If you have already been to a HIMS AME and started the process then you have effectively accepted the dependency diagnosis yourself. You aren't getting out of it now.
 
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