I know you folks want another DUI question, and I'm gonna help you out...

I

InsertCoin

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I've read all the other posts and I probably already know the answer to this, but I'm going to throw out another "yet another DUI post" and make sure.

- Got a DUI 18 years ago (2006). Refused a breathalyzer.
- Did a few "court ordered" meetings back then, but otherwise have never been to any meetings, taken alcohol tests, etc.
- I don't drink and haven't drank in years.
- No other issues, not even a traffic ticket.

I'm 48 now and am a Director of Software Development, and I want to fly. Am I pretty much 100% going to have a 3rd class application be deferred for this? I'd really rather do private than sport for the rental options, the option of doing IFR later, etc, but I really don't think I have it in me to go through a deferral and the joys of being "rehabilitated" for a problem I don't have. I just want to fly, and would like to occasionally travel in something a little beefier than a Champ. Do I just leave the genie in the bottle, do sport, and pray for MOSAIC?

It's irrelevant, but when I got the DUI, I drove a total of about 30 feet. An old college friend was having a birthday party and I went to his house and got plastered. I even had a bedroom to stay in and had my things in it. I was parked behind somebody that was leaving and moved my car to let them out because nobody there with a moderate BAC could drive a stick, and in the process of letting them out, wound up on top of a neighbor's mailbox. If I include a personal statement explaining that this wouldn't have happened today because all the cars are automatics, do you think it would at least bring them a little joy as they stamped "Deferred" on it?
 
InsertCoin said:
If I include a personal statement explaining that this wouldn't have happened today because all the cars are automatics, do you think it would at least bring them a little joy as they stamped "Deferred" on it?
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At the very least it would bring a smirk and/or a few raised eyebrows.

If the FAA worked on the honor system and accepted every applicant's story you wouldn't have a problem. They don't do that, however.
 
Mongoose Aviator said:
Timeframe to see actual implementation for MOSAIC seems very short.

Why do not wait? See what MOSAIC actually implements. Then look at your options.

Start ground school while waiting?
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Yes. Do Sport Pilot now, wait for MOSAIC to see the final version; you may have all you want without the hassle.
 
(Not a Dr. or AME)

My understanding is that a lot will depend on the actual BAC. If no BAC was ever determined, then you bear the burden of proof. If a BAC was determined and if it was less than 0.15 (IIRC), then you might even be issued in the AME's office. If a BAC was determined and it was greater than 0.15 (Again: IIRC) then you will be on (or would it be 'in') HIMS.

Pinging @lbfjrmd and @bbchien

Also: Sport Pilot can be a lot of fun.
 
The fact that you no longer drink should not be underestimated in how much this may help you. The FAA will certainly require documentation of this in the form of testing for some length of time. A refusal does not necessarily put you in the dependence category; it can result in an "abuse" verdict which will pretty much just be testing to confirm no drinking for a couple of years.

SGOTI opinion on minimum to expect:
- go ahead and get a consult with HIMS AME, immediately start 14 in 12 alcohol monitoring
- compile all your paperwork
- Take exam and get deferred (YOU WILL BE DEFERRED; no exempting timeline for refusal or BAC 0.15 or more and no discretion given to AME on this, although we have seen AMEs issue anyways and the FAA does not appreciate it and takes immediate action)
- Expect FAA to take their sweet time in getting back to you
- Approval under SI lasting ~2yrs while being monitored

Assuming no dependence diagnosis, I would not expect:
- COG-screen
- AA or recovery activities
- Aftercare/counseling group
- ongoing Psychiatric evaluations (may require one initially, but likely can get by with certified addiction counselor evaluation, much cheaper)

Let's see how my take compares with @bbchien . If he disagrees with any of this, I will join everyone in agreement with Dr. Bruce ;)
 
The STRONGEST position you can have is to claim and document abstinence prior to application (6 months private random urine test program, HIMS AME). The most powerful testimony (& comforting to the FAA) would then be that a HMS AME has to get you to a HMS pscyhiatrist.

You'll have to document that the no-blow DUI was your one and only- DMV searches in each and every location you've had a Driver's License. Criminal background search.

A lot would depend on the personal statement but "got plastered" doesn't help without some acounting of how much you drank. Plastered with three beers is differnce (and better!) than plastered afte ten beers (tolerance!!). "I can handle it" and continue to drink on ccassion, is the WORTH thing you can say (as in "this guy doesn't have a clue") but there are some in your position who can get cleared with a local M.A.-LPC-CADC evaluation (if the LPC knows to not use DSM 5 but to use lifelong history to guide his eval).

(FAA's view: you can be an associate justice of the Supreme Court and still have an alcohol problem).
 
Thank you everyone for the honest replies. I'm going to have to think a little on this and decide which direction to go. I think I do need to get in front of a HIMS AME and pour out the details, which will be the same as here, but worded a little better than "plastered." I think Class 3 is attainable, and if I decide it's the way I want to go, I'll do whatever it takes.

One question...If I were to begin Sport Pilot now and get the ticket, and in a couple of years decide that I want to go Private, will it mean being grounded during the application process? Can you still fly Sport while it is in "deferred" status? Thanks again for the advice.
 
InsertCoin said:
One question...If I were to begin Sport Pilot now and get the ticket, and in a couple of years decide that I want to go Private, will it mean being grounded during the application process? Can you still fly Sport while it is in "deferred" status?
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Seems the answer is no.

§ 61.303(b)(2) seems to say no: [the pilot must] have been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or her most recent application (if the person has applied for a medical certificate)

The FAA has cited the preamble to the final rule in the Tilton interpretation: "The words “most recent application” refer to the latest medical application that is in on file with the FAA and on which action was taken."

It admits that the decision of an AME is not agency action, but that they consider it to be agency action for the purposes of determining whether an application is your "most recent application." It refers to an AME denying your application, so it still remains somewhat unclear whether a deferral counts as an AME "decision."

The same interpretation states flat out that you can't operate as a sport pilot if the FAA requests more information on your medical application rather than making an immediate decision: "In addition to the case where a person's application for a medical certificate is considered withdrawn, a final agency action may not be immediately forthcoming in cases such as those where an applicant may possess a medical condition that requires the submission of additional information or further medical evaluation. Under such situations, the agency considers it inappropriate for an individual to exercise the privileges of the certificates specified in § 61.23(c)(1) until a determination of that person's eligibility for the issuance of a medical certificate has been made."
 
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