DUI and the FAA

[Way2Broke]

My reg book is a bit out of date, but Part 61 does not change much, and it applies to ALL airmen:

61.16
Refusal to submit to an alcohol test.

(Paraphased) A refusal to submit to a test to indicate the percentage of alcohol in the blood, when requested by a law enforcemrnt officer....is grounds for:
a) Denial of an application for any certificate.....
b) Suspension or revocation of any certificate, rating or authorization issued under this part.

I think your friend is hosed...

61.16 does not apply to Motor Vehicle Actions. This reg is related to if you are asked to submit to an alcohol test while in operation acting as a crewmember. If you were to post the entire reg you will find that you left out some very important parts.

"§ 61.16 Refusal to submit to an alcohol test or to furnish test results.
A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with § 91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with § 91.17(c) or (d) of this chapter, is grounds for:
(a) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that refusal; or
(b) Suspension or revocation of any certificate, rating, or authorization issued under this part."

It is imprtant to reference 91.17 which states

"(c) A crewmember shall do the following:
{New-2006-15 (c)(1) revised June 21, 2006, effective July 21, 2006}
(1) On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, when--
(i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and
(ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section."

The important part here is the work crewmember.

 

[Way2Broke]

Oh.... when I was flight instructing I had a student get arrested for a 3rd DUI. It was his 2nd in 2 years and he was picking up a hooker that ended up being a cop. Needless to say the guys medical was toast. He even made the front page of the papers. Believe it or not the guy was a good guy and loved airplanes. Unfortunate to see alcoholism interfere with someones dreams. I guess he was lucky in the fact that he flew for fun, instead of to pay his bills like most of us.

 

[PCL_128]

Tell your friend that looking for advice on such a serious matter on Flightinfo is a big mistake. If he's an ALPA member, then have him contact his HIMS Chairman and then his ALPA Contract Administrator (attorney) for advice on how to handle the matter. If he's not an ALPA member, then tell him to contact a reputable aviation attorney. The money spent will be well worth it.

 

[ultrarunner]

Had another incident about 10 years ago, was aquitted at trial.

That means no conviction, right....

His medical will not be revoked, but that's likely the least of his friends worries.

 

[Way2Broke]

That means no conviction, right....

His medical will not be revoked, but that's likely the least of his friends worries.

Again, the FAA does now care only about a conviction. The license suspension etc. covered above is the kicker.

There is nothing a aviation attorney can do about your medical. I would refer all medical problems to Quay Snyder with Virtual Flight Surgeons at www.aviationmedicine.com he helped start the HIMS program. There are solutions here if it gets to that point.

 

[Bob_Sacamano]

You should tell that piece of trash to stop driving drunk and forget about a career in aviation. I had a baby cousin killed by a drunken piece of garbage like your "friend". I don't know if his medical is in jeopardy, but his standing as a responsible, meaningful member of society has already been trashed.

Friend of mine got pulled over and charged with DUI last week. Refused the breath test and was held for 24 hrs.
Had another incident about 10 years ago, was aquitted at trial.
Is his medical in jeopardy?
I had always been told the FAA thinks 2 incidents in 5 years is bad, but he is kind of worried about it.
Anybody in the know?

 

[Way2Broke]

Bob, you make a good point. Here are some other things your friend should consider. Its a widespread national problem that is above all preventable.

There were 16,885 alcohol-related fatalities in 2005 – 39 percent of the total traffic fatalities for the year.

The 16,885 fatalities in alcohol-related crashes during 2005 represent an average
of one alcohol-related fatality every 31 minutes.

In 2004, the Federal Bureau of Investigation’s Uniform Crime Reporting Program
estimated that over 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed drivers in the United States.

In 2005, 21 percent of the children age 14 and younger who were killed in motor
vehicle crashes were killed in alcohol-related crashes.

The rate of alcohol involvement in fatal crashes is more than 3 times higher
at night as during the day. For all crashes, the alcohol involvement rate is 5 times higher at night.

For fatal crashes occurring from midnight to 3:00 AM, 77 percent involved alcohol in 2003. The next most dangerous time period for alcohol-related crash deaths were 9 PM to midnight (64 percent of fatal crashes involved alcohol), followed by 3 AM to 6 AM (60 percent of fatal crashes involved alcohol).

About three in every ten Americans will be involved in an alcohol-related crash at some time in their lives.

DWI statistics regarding motorcycle accidents show that about fifty percent of all motorcycle fatalities are the result of alcohol related accidents.

 

[27 driver]

Tell your friend that looking for advice on such a serious matter on Flightinfo is a big mistake. If he's an ALPA member, then have him contact his HIMS Chairman and then his ALPA Contract Administrator (attorney) for advice on how to handle the matter. If he's not an ALPA member, then tell him to contact a reputable aviation attorney. The money spent will be well worth it.

This is the best advice he could be given. Don't talk to anyone or do anything until he consults a good aviation lawyer. It could make or break his case. The clock is ticking and he only has 60 days to report this to his friendly FED. He needs to get of his wallet and hire a good lawyer.
:beer:

 

[PCL_128]

You should tell that piece of trash to stop driving drunk and forget about a career in aviation. I had a baby cousin killed by a drunken piece of garbage like your "friend". I don't know if his medical is in jeopardy, but his standing as a responsible, meaningful member of society has already been trashed.

Remember, alcoholism is a disease. If you've never known an alcoholic, then you can't really understand the situation. It's easy to just say "stop driving drunk," but alcoholics simply have trouble stopping drinking, and once you're drunk your judgment is impaired. His friend needs some real help, not people telling him that he's a "piece of garbage."

 

[Bob_Sacamano]

Cancer is a disease. Alcoholism is petty selfishness, and immaturity, nothing more. While I agree that these weak-minded fools need help, it's a pathetic excuse to call it a disease.

Remember, alcoholism is a disease. If you've never known an alcoholic, then you can't really understand the situation. It's easy to just say "stop driving drunk," but alcoholics simply have trouble stopping drinking, and once you're drunk your judgment is impaired. His friend needs some real help, not people telling him that he's a "piece of garbage."