Not Good

[Freightdog75]

A buddy of mine(I know what you're thinking, and no, not me)that I used to fly with got a DUI a few weeks ago and was wondering how long he has to notify the feds. He thought he could write it down on his next medical app., but I told him no that doesn't sound right. Anybody out there know?

Thanks, FD75

PS I also posted this in the FAR forum so if you see it there, disregard.

 

[Frank Abagnale]

sorry to hear that. that person has a rough road ahead.

they have 60 days to report

see FAR 61.15 (e)

 

[mesaba2425]

What a friggin' idiot!!!!!!!

 

[Doberman]

It looks as though Frank knows more than just faking checks!

 

[pilotyip]

60 days from conviction

60 days after conviction, the medical form will not do it.

 

[Alaskaairlines]

Is he flying for an airline?

Will a company usually fire you over that type of incident?

 

[WrightAvia]

Hey, Freightdog...just curious, what was the probable cause for the police to pull your friend over?

Speeding, weaving lanes, burnt out lights on the car? Just curious.

 

[Freightdog75]

Burnt out headlight. No he does not fy for a regional, he's running 135(freight). To repeat the question though, if he was flying for a regional, would they fire him? Just qurious(sp?).

 

[FL000]

Obviously, each case is handled differently at any given airline, but I know at least one pilot who has gotten a DUI after employment at a 121 carrier. He 'fessed up to the CPs, admitted personal error, and was "encouraged" to not let it happen again. He is still employed there.

 

[328dude]

Depends. If it's a ALPA committee then a HIMS Committee could help if he admitted he had a problem and seeked rehab. HIMS also works hand in hand with the company's POI. Usually.

 

[bandit110]

I'd say it is time for damage control. It is never excuseable to drink and drive. However, I think he can learn that lesson from the experience and hopefully move on and sin no more. I'd hire an attorney real fast and work on a plea to a non alcohol related offence ie. Reckless Driving. Take probation and alcohol classes comunity service and AA. Just get rid of the DUI offence. I think that the 60 days post conviction would not apply because he would have a Reckless Driving and not a DUI (Reckless Driving may be a reportable offence). Once convicted of reckless and not dui maybe in the future he can have it expunged from his record.

I hope this advice is OK, I have no personal experience with this.

 

[labbats]

Make certain he doesn't blow it off past 60 days. There's a new horror story from our DE about a pilot that came to a checkride, passed, and then got his licence revoked before it ever shipped out because of a DUI he didn't report. The Feds then went on to yank his other liscences and medical. Ouch.

 

[Freightdog75]

The state law in his state automaticaly requires him to do drinking classes and assessment. As well as a nice big fine. He was telling me about 700$!! . Thats gotta hurt.

Thanks for all of the input guys/gals I will continue passing info along as ya'all keep it coming.

FD75

 

[kepjet]

Freightdog75,

Keep in mind it's 60 days after conviction. If your friend is not convicted of this offense, it is not mandatory that he or she report it. Advise your friend to seek the assistance of an experienced aviation attorney. This will cost quite a bit of money, but it can also save his career. If this doesn't work, your friend must take the stance of not dwelling on the past, but being focused on his future. Time certainly heals this wound. I have a friend who was convicted of DWI (post 9-11) and is flying for a 121 operator.

MOST IMPORTANT: DO NOT LET THIS EVER HAPPEN AGAIN! This will show a pattern of recklessness and most employers will not look past this.

Hope this helps.

 

[WrightAvia]

60 days from CONVICTION may be a wrong answer that can get you in trouble. Depending on the state you live in, you may wind up with your license suspended or revoked after your arrest, BUT BEFORE YOUR COURT DATE IF YOU DO NOT REQUEST A HEARING TO KEEP YOUR LICENSE WITHIN 10 DAYS OF YOUR DWI ARREST. IN EFFECT, THAT MEANS YOU HAVE BEEN SUBJECT TO WHAT THE FAA CALLS "MOTOR VEHICLE ACTION", LONG BEFORE YOU GET CONVICTED...

EXCERPT FROM THE FARS...

(c) For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:

(1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating 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;

(2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, 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.

Here is an excerpt from a Q and A section of a WI lawyer's web site. In Wisconsin and at the time of your DWI arrest...the police officer has you sign a form that is basically a "notification of intent to suspend" You have 10 days to request a hearing to keep your license, otherwise they AUTOMATICALLY SUSPEND YOU, EVEN BEFORE YOU GO TO COURT. Your state may have the same law. If they do...your FAA 60 day clock, starts the day they suspend you...not the day of your conviction...unless you were smart enough to request a hearing.

Why you can't wait until your court date to take action? -- how to save your driver's license

If you wait until your court date to take action, it may be too late. You could lose your license -- even before you go to court. You must either demand an "administrative suspension hearing" or a "refusal hearing," depending on whether or not you submitted to a police blood or breath test, or refused to do so. Either way, the time limit is ten days. If you don't demand a hearing, you'll lose your license, regardless of what happens in court. This isn't part of the court case, so you can't wait until you go to court to take care of it. You need to act promptly.

Can they take my driver's license even before I go to court?

They can try. You received from the police a "Notice of Intent to Suspend," if you submitted to a police breath or blood test, or a "Notice of Intent to Revoke," if you refused one. (Often, police officers tell people these documents are a "temporary driver's license," which only describes part of their function.) Either way, if you don't demand a hearing by filing the correct demand paper in the correct place and do it within ten days after you get that notice, you can lose your license -- even if you plead not guilty in court. The administrative suspension and refusal revocation provisions of Wisconsin law operate independently of the drunk driving prosecution. So, pleading not guilty isn't a substitute for demanding the hearing within ten days. You need to do both: demand the hearing and plead not guilty.

 

[WrightAvia]

A buddy of mine(I know what you're thinking, and no, not me)that I used to fly with got a DUI a few weeks ago and was wondering how long he has to notify the feds. He thought he could write it down on his next medical app., but I told him no that doesn't sound right. Anybody out there know?

Thanks, FD75

well, did your friend figure out what to do?

 

[LearLove]

About the 121 ops and DUI......

this is my educated guess, I have never delt with this but here goes....

In my FOM (flight Ops. Manual) basically a 121 pilots FARs, It doesn't say anything about reporting a DUI. I does contain language about reporting stuff where the FAA takes or suspends your ticket. Basically if the feds take or suspend your ticket you need to report it the the chief pilot, duh.

Now from what I remember back when I was getting my ratings.....

If I recall correctly sometime durring the comm or ppl training we learned that you have to report the DUI (like it was stated in an above post) but on the first offence the FAA just gives a warning or letter and neither suspends or takes the license. Action is only taken on second or recurring offence.

Therefore, if they don't take or suspend anything you don't need to tell your CP about it.

If you are ALPA in this case you may want to discreatly talk to your MEC rep. but like I said, If the feds don't take action in the form of revoking or suspension then the company doesn't need to know.

Just my take on the thing.