I'm sure I'm going to regret posting this, but the Boss'(Bruce Springsteen) DUI arrest got me on a quest to figure something out. Yet my googling skills seem to fail me with it. Lots of talk about breathalyzer, but that's not what I'm looking for.
No, I didn't(and don't) drive drunk or get arrested or was pulled over for anything. Hell, I hardly drive at all now. So this is purely a "what if" question.
My state and most other states now have implied consent laws. If you refuse breathalyzer test or blood test, you are arrested and charged with penalties that are same as DUI arrest. Moreover FAA views refusal in a harshest terms, so you better take the test. That much is clear. The Boss eventually tested with .02
What is less clear to me is refusal of the roadside field sobriety test. It is perfectly legal and not included into implied consent to refuse that test. It's my understanding is that you cannot be arrested or face any penalties for that action alone. The Boss failed that test and was arrested based on that.
So, scenario. A certificated pilot is pulled over for suspicion of DUI. This pilot refuses to take the field sobriety test, but agrees to take the breathalyzer test. He blows below state limit(let's say .05 - limit is .07). Yet he still gets arrested for DUI. Ultimately he gets acquitted for lack of evidence.
The arrest must be reported to FAA, how would they view it?
No, I didn't(and don't) drive drunk or get arrested or was pulled over for anything. Hell, I hardly drive at all now. So this is purely a "what if" question.
My state and most other states now have implied consent laws. If you refuse breathalyzer test or blood test, you are arrested and charged with penalties that are same as DUI arrest. Moreover FAA views refusal in a harshest terms, so you better take the test. That much is clear. The Boss eventually tested with .02
What is less clear to me is refusal of the roadside field sobriety test. It is perfectly legal and not included into implied consent to refuse that test. It's my understanding is that you cannot be arrested or face any penalties for that action alone. The Boss failed that test and was arrested based on that.
So, scenario. A certificated pilot is pulled over for suspicion of DUI. This pilot refuses to take the field sobriety test, but agrees to take the breathalyzer test. He blows below state limit(let's say .05 - limit is .07). Yet he still gets arrested for DUI. Ultimately he gets acquitted for lack of evidence.
The arrest must be reported to FAA, how would they view it?
