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DUI and Arrest Reporting Requirements

Discussion in 'Ask A Flight Surgeon' started by My Flight Surgeon, Nov 12, 2013.

  1. My Flight Surgeon

    My Flight Surgeon Sr. Aviation Medical Examiner Staff Member

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    This information is from the Federal Air Surgeon's Bulletin Vol. 1, No. 4

    What is reportable under 14 CFR 61.15(e)?

    Alcohol-related motor vehicle actions such as suspensions, revocations (hereafter referred to as administrative actions), and convictions for offense such as driving while under the influence, driving while impaired, operating under the influence, etc. Please note the suspension/revocation AND convictions are separate, reportable actions under this regulation—even though they may be related to the same incident. These reports must be received by the DUI/DWI office within 60 days of the alcohol-related motor vehicle action.

    What is reportable on your application for Airman Medical, FAA Form 8500-8, specfically question 18v?
    (1) Any arrest and/ or conviction involving driving while intoxicated/under the
    influence/while impaired, etc.; (2) any arrest and/or conviction and/or administrative action that resulted in the denial, suspension, cancellation, or revocation of your driving privileges (note: this is
    not limited to alcohol-related events); and any attendance at an educational or rehabilitation program.
     
  2. Lurie389

    Lurie389 Well-Known Member

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    Haha I guess I should have mentioned that I know what the regs say about it. More so asking the probability of him being able to get one. Sorry for any confusion!
     
  3. Meetbob

    Meetbob Member

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    I know this is an old thread but my medical is pending submission of my driving records and written testaments and my signature regarding an expunged arrest record and a couple of tickets from different states.

    I honestly did not mean to lie or falsify anything, I was told my cases are dismissed/expunged can this hurt my chances of getting a medical?
     
  4. MidlifeFlyer

    MidlifeFlyer Well-Known Member

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    If your medical is pending, it sounds like you reported it. If it's because the FAA found out about it through the NDR and you didn't report it, it might be a different issue.

    In either case, it depends. How bad, how many, what happened. What the FAA is most concerned about is the pilot with a substance abuse problem. The one-time DUI that happened years ago is going to be asked about but rarely results in a denial.

    Expungement is a difficult issue that hasn't really been addressed by the FAA. To decide whether it applies, one really needs to have a professional review the records and assist in a "should I report" risk/benefit analysis. In DIUs, though, the expungement issue only rarely comes up. All an expungement does is erase a conviction (and a few other records in some states). OTOH, there are a list of DUI-related reporting requirements, both 61.15 and on the medical, that have nothing to do with whether there was a conviction.
     
  5. Meetbob

    Meetbob Member

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    Hey thx Midlife for the quick reply,
    I did not report anything because I honestly Thought the expunged case( driving on a suspended license) that I didn't know about until I got pulled over, was erased off my record as I was told by the Judge.
    All the other tickets 6 within the last 10 yrs plus the ^ expunged arrest due to driving on a suspended license... had nothing to do with any drug or alcohol.
    They also asked me to write a statement regarding two car accidents that I was found guilty in.
    Is this dismissible? If not is there an attorney who can help me with this?
     
  6. Meetbob

    Meetbob Member

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    Anyone?
     
  7. RPJ

    RPJ Well-Known Member

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    Wait, did any of your tickets/arrests/suspended licenses have anything to do with alcohol or drugs?
     
  8. MidlifeFlyer

    MidlifeFlyer Well-Known Member

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    I missed this post until it was brought back up. Your best bet is an attorney in your state who understands both criminal law and aviation law.
     
  9. trusty13

    trusty13 New Member

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    Ill try to piggy back off of this post before starting a new one.

    Hello everyone, my two questions are.
    I scheduled my FAA medical exam for my flight school next month and im wondering if a 8 year old dui charge from when I was 18 will impact me alot?

    Also while i was in the military i had surgery on my right ear,and from the surgery i know have severe hearing loss in my right ear.

    Any input advice etc is very much appreciated thank you
     
  10. trusty13

    trusty13 New Member

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    Bump....
     
  11. MidlifeFlyer

    MidlifeFlyer Well-Known Member

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    You may need to produce paperwork on both. an 8 year old DUI may still be looked at from the standpoint of whether it indicates a greater problem. The hearing loss is, I think, likely to be looked at closely to confirm it does not affect communications.

    Since we don't have a regular AME here, I'd suggest signing in annomously to the AOPA or Pilots of America board and asking there. Bruce Chien is a senior AME who can be extremely helpful with these kinds of questions. Either that,or arrange a pre-exam consult (no application) with a senior AME in your area.
     
  12. trusty13

    trusty13 New Member

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    Thank you midlifeflyer, any idea what kind of paperwork? That way I can get it going. Can u give me more info on what you mean by a pre-exam consult no application ? when I scheduled my faa medical exam all i said to the lady was i need to get a faa medical certificate that says im good to fly before i start my school .
     
  13. Pépé le Pilot

    Pépé le Pilot Well-Known Member

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    Hmmm so wait, I need to report that I got a ticket because my license fell off 17 years ago ?
     
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  14. MidlifeFlyer

    MidlifeFlyer Well-Known Member

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    I don't know what you mean, but if you have an event that answers "yes" to one of the "have you ever in your life" questions, the question means exactly what it says.

    @trusty13, I never saw you last question until now. Sorry. I hope you got your answer.
     
  15. Pépé le Pilot

    Pépé le Pilot Well-Known Member

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    Licence plate !


    Envoyé de mon iPhone en utilisant Tapatalk
     
  16. MidlifeFlyer

    MidlifeFlyer Well-Known Member

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    Sorry I messed up your joke by not getting it. :(
     
  17. Pépé le Pilot

    Pépé le Pilot Well-Known Member

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    No ! It was me ! I typed too fast ! It's actually a serious question : shortly before leaving the US (I was on a visa), I got pulled over for a missing license plate, it had probably fallen off on my way to the airport. Then happened 9/11, long story short, I only returned to the US some years later. So who knows what happened with that...? I tried looking it up on the Florida DMV but to no avail. I've maintained my FAA medical status because I've been flying outside the US on N aircrafts and never had any notice. Good to go ?


    Envoyé de mon iPhone en utilisant Tapatalk
     
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  18. MidlifeFlyer

    MidlifeFlyer Well-Known Member

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    Which question on the medical applcation would you think requires reporting this?
     
  19. Pépé le Pilot

    Pépé le Pilot Well-Known Member

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    If I didn't pay the fine I'm probably suspended ? I mean, this was back in 2000...
     
  20. MidlifeFlyer

    MidlifeFlyer Well-Known Member

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    Oh! I wondered if that was it.

    I don't know the answer to what happened with that case.
     

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