I got a DUI.

H

hjh9900

Filing Flight Plan
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May 6, 2018
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victor
I'm SPL.
I got a DUI last November.
And I'm not convicted yet. My attoney delaying my court.

My BAC was 0.16% but my attoney try to reduce under 0.15%.

If I report to FAA.
Can I get a License? PPL, IR, CPL ?
 
Is it your one and only?
You should know that the certified value, not the negotiated value is what counts.

You will need:
10 yr DMV search
Personal stmt. FAA wants to to swear it off, basically. Describe your drinking since age 16; the evening’s events, and what changes you have made;
Arrest papers
CADC evaluation along NTSB format outlines (neither DSM 4, nor 5), including 5 mini-essays as to tolerance, withdrawal, lifestyle centered in the use, repeat use in the face of known consequences, blackouts.....not just for the past 2 yrs, but ever in your life....

Don’t forget the 61.15 report, which is due within 60 days after license suspension or of conviction.


B
 
Thank you for answer.
And right, this is my first DUI in my life.
And I will report when I get a conviction.
If I do it all of that about your answer, Can I get a Licenses???
 
Yes . said:
Thank you for answer.
And right, this is my first DUI in my life.
And I will report when I get a conviction.
If I do it all of that about your answer, Can I get a Licenses???
Click to expand...
The first 61.15 report is due within 60 days of the first action against your drivers license. For most, that means the administrative suspension which takes place at the very beginning of the process, when you are charged. So, if your driver's license was suspended back in November, the report was due by sometime in January.
 
My reading says the OP has never had a medical and wants to know if it is possible. There are two parts here - a license to fly and a medical to check your health to fly. The DUI affects the medical. Because the medical is a problem, you also cannot get a license to fly until the medical is cleared.

Yes, it is possible. There are hoops to jump through, Dr Chien gave them in post #2.

One of them is to admit that you have a problem and to quit drinking. That is evidenced by the fact that you got a DUI...there is a problem. Denial is only an option if you want to keep your feet on the ground.
 
All this, of course, assumes that you have already applied-for and/or received your medical certificate/student pilot certificate.

If you're already "in the system" with the FAA, your first report must be made based upon first action (as Mark noted immediately above). You should make VERY certain that you work with an AME who is expert and informed as to the vicissitudes of dealing with the Aeromedical Branch in Oklahoma City and, while he will not choose to toot his own horn, you should strongly consider contacting Dr. Bruce Chien (posted above) for this service; properly handling this kind of occurrence now can make all the difference for you in the future - in your prospects for future pilot aspirations, and in life.
 
The "SPL" in the initial post is ambiguous as to whether it is a STUDENT pilot or SPORT pilot certificate. As far as 61.15 reporting goes, it makes no matter. As midlife says, it's due when they take any action on your license. Many states administratively suspend as soon as you either have a BAC test over .08 or you are otherwise charged.

As for the medical, what your lawyer wrangles with regard to BAC in the criminal proceeding, I'm not convinced the FAA is going to accept that reduction (Bruce?).
 
bflynn said:
....
One of them is to admit that you have a problem and to quit drinking. That is evidenced by the fact that you got a DUI...there is a problem. Denial is only an option if you want to keep your feet on the ground.
Click to expand...

Lol, we shalt have your confession sinner! Shammmmmmme!

image.jpg



You screwed up, as you know.
As for the drug store psychology of you having a "problem" frankly that's very far reaching in any logical persons view, you made a mistake, but as a nation still recovering from its puritanical roots, read up on here with what they want to hear and don't screw up again.

That said you'll have to pay enough money that your sins can be dissolved, and you'll be fine to go forward all the way through ATP if you want.
 
Uhm,,, my drive license is still alive not suspended yet.
Nevertheless, I have to report?? If that's true, I'm so late...
 
My license is alive said:
Uhm,,, my drive license is still alive not suspended yet.
Nevertheless, I have to report?? If that's true, I'm so late...
Click to expand...

Only if you already have a certificate (pilot's license). If you're a student and you're still learning, there's no action to be taken. The way you phrased the opening leads me to believe that you don't have your Private Pilot's certificate yet.

But even under 61.15 it's only after the conviction, suspension, cancellation or revocation of your driver's license. If you still have it, the reporting period has not started yet.

You should be aware that it is a long road time wise to get your medical cleared.
 
bflynn said:
...One of them is to admit that you have a problem and to quit drinking. That is evidenced by the fact that you got a DUI...there is a problem. Denial is only an option if you want to keep your feet on the ground.
Click to expand...

Before we all start chuckin' rocks here, this guy was unlucky enough to get caught. It is my belief that a great number of members of this forum have been lucky in the past, including myself. ;)
 
bflynn said:
Only if you already have a certificate (pilot's license). If you're a student and you're still learning, there's no action to be taken.
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Even, if he has a STUDENT PILOT CERTIFICATE, he needs to report (if they have taken action on his license yet).
61.15 is pretty broad. It says "any certificate under this part." This includes any pilot certificate (including student and sport pilots) and any instructor (flight or ground) certificate. It doesn't include medical certificates (they are issued under a different part), but it sounds like he doesn't have one of those (yet).
 
Timbeck2 said:
Before we all start chuckin' rocks here, this guy was unlucky enough to get caught. It is my belief that a great number of members of this forum have been lucky in the past, including myself. ;)
Click to expand...

I don't think anyone is slamming the OP Tim, just being realistic. And yes, I have been very lucky in the past also.
 
Timbeck2 said:
Before we all start chuckin' rocks here, this guy was unlucky enough to get caught. It is my belief that a great number of members of this forum have been lucky in the past, including myself. ;)
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While in grad school I was a bartender at a college bar. Holding so many kids' heads over the toilet is the best deterrent to DUI. That and an open bar at my parents' house. Never needed to sneak booze. Decided early on I didn't like it. I'll take a double chocolate shake any day.
 
Timbeck2 said:
Before we all start chuckin' rocks here, this guy was unlucky enough to get caught. It is my belief that a great number of members of this forum have been lucky in the past, including myself. ;)
Click to expand...

If you get drunk and drive, there IS a drinking problem even if you didn't get caught. Getting caught just drags the problem out into the open.

I use the 8 hour rule for driving too and I do not drink if I have car keys in my pocket. Yes, that is strict and yes, it is a pain in the butt sometimes. But it keeps me out of trouble. I have never and I never intend to. As long as I follow my rules when sober, they should keep me out of trouble on the rare instances when I drink something.

Call me a jerk, but denying that there is a problem with drinking and driving IS also a problem.
 
I'm not calling you anything Brian. I just disagree that one incident or one mention of an incident is a full fledged "drinking problem". It may be a judgement problem in life not necessarily connected to drinking. All I'm saying is that yee with no sin can chuck the first rock...and I'll keep my hands in my pockets.
 
Timbeck2 said:
I'm not calling you anything Brian. I just disagree that one incident or one mention of an incident is a full fledged "drinking problem". It may be a judgement problem in life not necessarily connected to drinking. All I'm saying is that yee with no sin can chuck the first rock...and I'll keep my hands in my pockets.
Click to expand...

Rock is chucked ;)

If drinking affects you to the point that you cannot recognize that driving like that is stupid, then the clouding of the judgement is a drinking problem. I have been so drunk before that they were considering tying me to a tree (camping). But I have never considered getting into a car like that.

Advice, never open a fifth and throw away the cap.
 
Your high horse is getting skinny. Might want to hop off and throw it a flake or two. ;)

I think that by now the OP is fully aware of how stupid drinking and driving is. I'm not prone to beating him over the head about it.
 
Timbeck2 said:
OP - I got a DUI
someone else - you have a drinking problem

That's what I'm referring to Mark.
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Well, Having a DUI and wanting to fly is definitely a drinking problem. But, I know that's not what you meant.
 
I can't believe I'm saying this, but . . .the Feds have a legitimate concern and interest; maybe it's the only time you've gotten hammered, ever; or, maybe, you do have an alcohol problem. Maybe somewhere in between. No way for the FAA to know, either way, so you need to jump through the hoops, since they can't know your soul. Yes, you can get there from here - don't lie, don't obfuscate, don't omit. If you don't have an alcohol problem, the paper chase will (eventually) support that, and you'll be on your way to whatever ticket your goal is. And don't get back in a car if you've had a drink, for, say, the next century? You get another DUI, things are gonna change big time.
 
bflynn said:
Rock is chucked ;)

If drinking affects you to the point that you cannot recognize that driving like that is stupid, then the clouding of the judgement is a drinking problem. I have been so drunk before that they were considering tying me to a tree (camping). But I have never considered getting into a car like that.

Advice, never open a fifth and throw away the cap.
Click to expand...
Why would they want to tie you to a tree if they weren't worried you'd either make a bad decision that would hurt you, or hurt someone else?

To think that drinking could never make you drive when you are impaired could be considered a drinking problem.

The problem has nothing to do with thinking you can drive when you are drinking. The problem is thinking you can drink enough that you don't have good judgement. I'd say if people were considering tying you to a tree, then you probably didn't have good judgement.
 
I think you should be allowed to have 1 DUI more than 10 years ago without jumping through any hoops. More than 1, or less than 10 years, start jumping. JMO
 
Timbeck2 said:
I'm not calling you anything Brian. I just disagree that one incident or one mention of an incident is a full fledged "drinking problem". It may be a judgement problem in life not necessarily connected to drinking. All I'm saying is that yee with no sin can chuck the first rock...and I'll keep my hands in my pockets.
Click to expand...
Keep in mind we now live in a no-tolerance society in which the only human frailties tolerated are one's own (and only when we exhibit them).
 
OP, not sure what state you're in, but if you were read admin-per-se, that means action was taken against your license.

What happens in my state, is during the processing of the DUI (so during the intoxilyzer, interview, etc), a form called the Admin-per-se is read. That's also when you are asked a few times if you will submit to the breath/blood/bodily substance test. The form is read verbatim. After the investigation is complete, but before you are released/booked, you'll be given a carbon copy of the form. That acts as your temporary drivers license. Your physical license is confiscated.

There are instructions on that form to request a administrative hearing where a judge will decide whether or not to let you keep your license or not. If you don't request the hearing, your license remains suspended. This process is separate from the DUI trial.

This is what AZ's form looks like. If you recieved anything kinda like that, I would read it carefully
0e0dad811bc1324bbace74f00cd95f49.jpg


Sent from my SM-G950U using Tapatalk
 
midlifeflyer said:
Keep in mind we now live in a no-tolerance society in which the only human frailties tolerated are one's own (and only when we exhibit them).
Click to expand...
Ok, lets really start a fire.

If a high BAL while operating a motor vehicle is a sign of tolerance and that you drink a lot. Why doesn't that tolerance mean that you are safe to operate with a higher BAL? If the normal person would be falling down drunk, and a drunk is still driving a car, the drunk is actually safer at a higher BAL than the guy falling down, but they are held to the same BAL. As if everyone is affected equally, which is demonstrably false based on the very tenant that "a BAL above x while able to operate a vehicle is proof you have a problem".

PS> I'm practically a teetotaler. I don't really get the need to drink to enjoy ones self.
 
My license is alive said:
Uhm,,, my drive license is still alive not suspended yet.
Nevertheless, I have to report?? If that's true, I'm so late...
Click to expand...
61.15 is pretty clear and specific. As Brian mentioned, it covers "cancellation, suspension, or revocation of a license to operate a motor vehicle... for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug."

If you were charged with a DUI and your drivers license was not at least temporarily suspended, you are unusual.
 
First, tolerance doesn't mean you're not impaired, it just means you don't pass out at high BAC's and can function "to an extent." However, what concerns the FAA is now "how drunk you are" but if you're drinking regularly enough that you'd be likely to fly drunk.

I've seen 0.20% kids on their power hour DIE. I've had a guy with a .42 awake and talking to me in the ER. Wouldn't want either one behind the wheel.
 
So.
The biggest question I have is whether I can get a PPL or not.
I have letters to the instructors and chief instructor as well.

If I can not apply to pick a PPL,
How many months is it?
 
So I wondering said:
So.
The biggest question I have is whether I can get a PPL or not.
I have letters to the instructors and chief instructor as well.

If I can not apply to pick a PPL,
How many months is it?
Click to expand...


As has been said, yes, you're just going to have to jump through the hoops and cough of some money first.
 
Last edited:
So I wondering said:
So.
The biggest question I have is whether I can get a PPL or not.
Click to expand...

So who are you in this? In airplanes, in order to get a private certificate or even to solo on a student certificate, you must either have a third class medical or have held a medical in the past and qualify for basic med.

Writing instructors isn't going to change the FAA requirements. You must have a medical/basic med to progress to solo and subsequently on to getting your private.
 
Timbeck2 said:
Your high horse is getting skinny.
Click to expand...

That's not a high horse, it's a high standard. I will not apologize for defending it with vigor.

I stopped addressing the OP several posts ago. But I will now and be done - the answer was given in post #2. This is a medical issue and the only way through it is through the FAA medical system. Contact a good AME with a contrite attitude.
 
With 1 DUI you can be President and with 2 DUIs you can be his Vice President.

It will cost you money, but life goes on.
 
You can't be the FAA administrator, however, even if you get a lawyer to beat the charge.
 
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