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Msg ID: 2708126 DUI  +0/-0     
Author:Otis
10/19/2021 8:41:44 PM

So  I researched Part 61 in the FARs about this and wondering if anyone here has had any experience wit this:

Someone is pulled over for suspected OVI/DUI...refuse to take breathalyzer and get charged With OVI. Goes to court and is reduced to reclkless operation with driving priviledges suspended for 1 year. Does the refusal to comply with a BAC test affect my pilot certifcate?

 

Thank you

 



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Msg ID: 2708129 DUI  +6/-0     
Author:Say wut
10/19/2021 9:05:03 PM

Reply to: 2708126

The refusal is the least of your problems 



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Msg ID: 2708130 DUI  +0/-0     
Author:OP
10/19/2021 9:43:33 PM

Reply to: 2708129

Please explain. I wasnt convicted of OVI...just reckless op



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Msg ID: 2708134 To the OP +12/-0     
Author:FAR
10/19/2021 9:57:15 PM

Reply to: 2708130

Read FAR 61.15 and 61.16.   They are your friend. At best your certificates can be suspended for a year. At worst, revoked. Seek legal and medical help from professional.  Don't listen to us dumbputts on this forum.



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Msg ID: 2708135 DUI  +2/-0     
Author:being charged with or
10/19/2021 9:59:11 PM

Reply to: 2708130

convicted of is almost the same thing in the eyes of the FAA and most employers. 



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Msg ID: 2708137 You're boinked (NT) +1/-1     
Author:See you in a year
10/19/2021 10:43:30 PM

Reply to: 2708126


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Msg ID: 2708138 DUI  +2/-0     
Author:Lawyer up
10/19/2021 10:45:30 PM

Reply to: 2708126

You were arrested when you declined the breathalyzer, and your driver's license was suspended. It was an alcohol related suspension, which makes it a motor vehicle action according to 61.15. Regardless of what the court rules after the fact, you are required to notify the FAA within 60 days of that event.

Your dumb azz probably didn't report it, and now you're hoping someone on here will tell you that you are ok. Nope. When you apply for your next medical, your driving records will be pulled. It will show a suspension, and if the FAA was not notified as per 61.15, your cert will be suspended.

An arrest for suspected DUI, or even an actual conviction, is not always a career ender... if you report it and jump through all the hoops for the FAA. But if you try to hide it (or have multiple motor vehicle actions), your cert will be suspended.

 



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Msg ID: 2708139 DUI (NT) +3/-0     
Author:Check with AOPA med folks
10/19/2021 10:52:07 PM

Reply to: 2708126


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Msg ID: 2708244 DUI  +1/-0     
Author:Agree with you
10/20/2021 5:11:55 PM

Reply to: 2708139

The AOPA medical ans legal service is a muct if you fly for a living!  They cost less than $200 a year and coud be invaluable in situstions like this!

 



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Msg ID: 2708142 DUI  +0/-0     
Author:sadasd
10/19/2021 11:28:26 PM

Reply to: 2708126

It is referred to a "wet reckless".  Just be honest about it.  Maybe consult with AOPA legal to ensure all is fine.  Mine was over 20 years ago, but I was honest about it, and has not affected me....



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Msg ID: 2708144 DUI  +1/-0     
Author:Link
10/20/2021 12:18:58 AM

Reply to: 2708126

Read the Below and note the legal terms.  The question is;

Were you operating the vehicle under the influence?

Were you convicted for or have an administrative action taken against you as the result of drugs or alcohol?

Get an attorney ASAP and say nothing to the FAA until you get advice.

Should you refuse to take a breathalyzer? - AOPA



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Msg ID: 2708147 Gulf of Mexico pilot? Ask management of your  +20/-1     
Author:Company since most of them been
10/20/2021 1:38:27 AM

Reply to: 2708126

there, done that and will buy your next drink for you.  Any National Guard Pilots who were prior Regular Army who got the boot outta the RA for DUI, DWI later joined the NG & later into the GOM, and some into your management.  Half of your GOM pax have at least 2 DUI's... it's a badge of honor & highly respected.  Ain't the GOM grand?  Lot's of aforementioned good advice above.  Could always upgrade yourself into management.



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Msg ID: 2708148 DUI  +3/-0     
Author:So
10/20/2021 2:36:21 AM

Reply to: 2708126
You can no longer drive an automobile unless it is equipped with an intoxilock device but piloting an aircraft should be A-ok? Think about that. But then again, I've known many A&P's with multiple DUI's working at Bistreaux with no problem. Would you want to fly the aircraft he/she last worked on? Best of luck.


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Msg ID: 2708172 DO NOT LISTEN TO THESE IDIOTS +2/-1     
Author:Look here
10/20/2021 9:03:45 AM

Reply to: 2708126
Contact an aviation attorney ASAP. They will stop you from screwing things completely up for yourself.


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Msg ID: 2708184 DO NOT LISTEN TO THESE IDIOTS +0/-0     
Author:get an attorney if you want
10/20/2021 9:27:16 AM

Reply to: 2708172

but it probably won't change any outcome. I would start with the AOPA, though. Not a career ender but it will slow things down, The only thing that will really help is time. Report if you haven't. You are required to.



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Msg ID: 2708185 DO NOT LISTEN TO THIS IDIOT EITHER +1/-1     
Author:Anonymous
10/20/2021 9:28:36 AM

Reply to: 2708184

get a ***** aviation attorney.



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Msg ID: 2708194 DUI (NT) +0/-0     
Author:Ame
10/20/2021 10:16:17 AM

Reply to: 2708126


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Msg ID: 2708213 DUI  +1/-0     
Author:the way this works
10/20/2021 12:34:51 PM

Reply to: 2708194

you refused to test. the FAA sees a refusal the same way they see a DUI: no bueno, compadre. a lawyer cannot argue with the FAA on whether you refused to test since it's a fact. this is more of a medical matter than a legal matter. a lawyer may be able to help you if your certificate gets denied but for now, I'd just consult with the AOPA.



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Msg ID: 2708226 DUI  +0/-0     
Author:cheap
10/20/2021 2:19:17 PM

Reply to: 2708213

Change your name.Then go to a lacal flea market and make some new licenses.



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Msg ID: 2708316 DUI  +0/-0     
Author:U phucd up
10/21/2021 11:18:56 AM

Reply to: 2708126

Get a ready for year off minimum and some hard introspective assessment and work if you want to make it back. Accept that you need to change and do your best. Good luck.



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Msg ID: 2708321 DUI  +0/-1     
Author:one dui will probably not mean
10/21/2021 12:01:43 PM

Reply to: 2708316

one day off from flying. it sure as hell ain't gonna be no year



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Msg ID: 2708408 DUI  +0/-1     
Author:Go get one and find out
10/21/2021 11:15:00 PM

Reply to: 2708321

That's not true, a lifetime of monitoring, years of review and intensive testing, but don't let us that have been throught the program stop you.



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Msg ID: 2708417 DUI  +0/-1     
Author:How hard are the tests
10/22/2021 7:22:41 AM

Reply to: 2708408

and how do they monitor you.  



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Msg ID: 2708419 DUI  +0/-1     
Author:Been there done that
10/22/2021 8:30:26 AM

Reply to: 2708417

Twice yearly Medicals , peer pilot assessment , random testing by remote breathalyzer anytime. Peth testing, psychiatric assessments each year. Monthly aftercare reports from a specialislist substance abuse counselor. That's only after you get through 'treatment' and have to wait 3-7 months for a special issuance medical to be re-issued.

It used to be a minimum of three years and then a gradual step down, that was changed last year and now permanent monitoring is the way.

I've met pilots who got busted on boats, bikes, golf carts, every which way you can. A DWI is not the only way.

The best part is, if you're actively employed at the time they will revoke every certificate and rating.

 

 

 



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Msg ID: 2708422 DUI  +0/-1     
Author:all that from
10/22/2021 9:24:14 AM

Reply to: 2708419

one dui? get real bro. you are a repeat offender sounds like. surprised you have a medical at all



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Msg ID: 2708425 DUI  +0/-1     
Author:Go get one and find out
10/22/2021 10:08:34 AM

Reply to: 2708422

Nope, that's a single DUI. Go get and one and tell us how it works out. Better yet go to a 'Birds of a feather meeting' and ask there bro.

 



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Msg ID: 2708439 DUI  +0/-1     
Author:say wut
10/22/2021 2:21:33 PM

Reply to: 2708419

"I've met pilots who got busted on boats, bikes, golf carts, every which way you can. A DWI is not the only way."

 

I have never met even one pilot that had a DUI in 20 years of flying. 

 

 



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Msg ID: 2708442 DUI  +1/-1     
Author:Have You Met Any Good And
10/22/2021 2:59:21 PM

Reply to: 2708439

Defensive drivers in your 20 years of driving? Because there are some very offensive drivers out there;

https://www.youtube.com/watch?v=8eNczmWcVaQ

 



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Msg ID: 2708444 DUI  +0/-2     
Author:yeah well
10/22/2021 3:09:13 PM

Reply to: 2708442

they were sober



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