my latest difficult certification

[lbfjrmd]

First Class Medical Question - DUI
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to lbfjrmd

Dr. Fowler,

I am in the process of trying to obtain an FAA Class I medical; I have a unique situation and I am seeking your guidance and professional opinion on how to move forward.

Thirteen years ago, when I was a student at X, I was stopped by the City of X Police in September 2006 and charged with the following:

1. Driving Under the Influence
2. Driving Under the Influence – Less Safe
3. Reckless Driving
4. Speeding
5. Failure to Maintain Lane
6. New Resident 30 day/Driving without a License

At the time of the arrest, I was 60 days away from graduation and commissioning in the U.S. Navy. The DUI charges were dropped and I pled guilty to the remaining charges. My punishment would have been probation, but since I was graduating and commissioning, I chose to serve 30 days in jail instead because I would not have been able to commission with the U.S. Navy if I was on any sort of civil restraint or probation. In April of 2007, I had successfully completed all terms of the court order and was allowed to commission with the US Navy. Court order outlined below:

1. Guilty: Reckless Driving, Speeding, Failure to Maintain Lane, New Resident 30 day/Driving without a License
2. $6,012 in fines
3. Attend a DUI risk reduction course licensed by the State of Georgia
4. Complete 200 hrs of community service
5. Serve 30 days in jail
6. Attend 1 MADD panel

Since this incident in 2006, I have had no other alcohol related incidents. In September of 2007, I applied for an FAA Class III medical as part of the U.S. Navy’s Introductory Flight Screening (IFS). At the time, the question on the form asked if I had ever been found guilty of a DUI. The answer was “no” based on the information I provided to you above. I proceeded through flight training and have not needed an FAA medical since.

Over the past 12 years, I have truly excelled as a Pilot in the U.S. Navy and I have a genuine passion for aviation in general. I have served as a X pilot in X, FL, a T-44C Flight Instructor, the Operations Administrative Officer on the X, and I am now currently serving as X.

As I approached the X-year service mark with the U.S. Navy, I have started to examine my options for a civilian career with the commercial airlines, especially since they are in the peak of their hiring wave. On the FAA Medical Application, I noted that the question on block 18v has changed and now specifically asks about arrest and/or convictions.

I have done the legwork on collecting all of the documentation I need prior to reaching out to you. In my research, you come highly recommended and respected for dealing with unique situations like this. I say that it is unique because despite knowing that these were my charges, I have contacted the following offices and I am failing to find the expected and required information.

1. The City of X does not have the police report – records are destroyed after 10 years. (I did submit to a BAC test and was over the limit but I have no record of the BAC)
2. No history of the arrest exists on my FBI finger print/background check.
3. No history of the arrest exists with City of X Arrest Records nor the X State File (GCIC file)
4. No history of the traffic infractions exists on my DMV records in states where I’ve held a license (X and Y)
5. National Highway Traffic Safety Administration (National Driver Registry) shows no history of suspensions as my license was never suspended nor revoked.

The only record I have been able to obtain is the certified disposition from the City of x Court which makes no mention of the DUI arrest nor BAC

The DUI/DWI alcohol event disposition table form the AME’s Handbook states:

“If the single event was 10 or more years ago, the BAC or court records are unavailable, and the AME has no concerns, call AMCD at 405- 954-4821 or the RFS to discuss.”

Am I reading this correct? Is this an option for a case like this? I understand that you do not know me, and would most likely want a face-to-face meeting before stating that there are no issues, but is this an avenue that can be pursued? If this is not an option, how do I go about pursuing an FAA Class I Medical and can you help me?

Currently, the U.S. Navy is offering 3-year and 5-year commitment bonuses. This would take me to 15 years or 17 years of service, respectively. The difficulty of get a Class I medical would factor into my decision to sign the commitment contract and finish out to full retirement, versus, getting out now while the airlines are in the midst of a massive hiring wave. If it is going to be difficult to get a Class I medical, I would still like help pursuing it for the future, but I will most likely sign a 3- or 5-year commitment contract with the U.S. Navy. The deadline for my decision is 10 September.

I have attached all the documents that I mentioned for your review. Thank you for your time and advice regarding my situation. I look forward to speaking with you.



Very Respectfully,

X

 

[PeterNSteinmetz]

At the time, the question on the form asked if I had ever been found guilty of a DUI.
...

On the FAA Medical Application, I noted that the question on block 18v has changed and now specifically asks about arrest and/or convictions.

Good example of the seemingly endless expansion of the purview of the aeromedical standards to makes more and more cases more and more complicated.

 

[PeterNSteinmetz]

I understand, but my take is more and more cases that just a few decades ago would have been treated with 'sorry' are now SI issuances.

In this case the airman would not have had to answer yes, under the old rules, and there would not have been a cause for denial - isn’t that correct?

Of course it is good there is still a path to an SI.