Why Expunctions Are Critically Important To Pilots

Why Expunctions Are Critically Important To Pilots
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Why Expunctions Are Critically Important To Pilots

Why Expunctions Are Critically Important To Pilots

John was given a roadside sobriety test which he passed.  He was then driven to a hospital for a blood alcohol test.  The result was .04, well below the legal limit.  After being cautioned to be more careful, he was driven back to his car and was told he was free to go.  

Since John was not convicted of any offense involving driving under the influence of alcohol or drugs, and did not have a suspension or other administrative action against him, he did not have to make a mandatory report to the FAA under FAR 61.15i. However, that is not the end of the story.  While he likely will not face a suspension of his pilot certificate for failing to report a conviction, he could face emergency revocation of his FAA medical certificate and all of his FAA airman certificates if he fails to disclose this incident on his next application for an FAA Medical Certificate.

The FAA is perpetually engaged in a campaign to find and punish airmen who fail to disclose required information requested in Question 18v of the Application for an Airman Medical Certificate, and in particular information about any arrests, convictions or administrative actions involving alcohol or drugsii. The FAA Medical Application requires that applicants consent to a search of their driving records through the National Driver Register (NDR) system, which identifies potentially problematic drivers through records compiled from DMV and court records for states across the country. A preliminary hit triggers the FAA to investigate whether the NDR record pertains to the applicant in question or just someone with a similar name. Those records are then matched against the information from FAA Medical Certificate Applications to determine whether the matter was previously reported.

When FAA finds an applicant who has answered NO to question 18v when the answer should have been YES, the FAA response is swift and severe.  The normal response of the FAA is to issue and serve an Emergency Order, immediately revoking all FAA airman certificates and medical certificates of the affected airman.  For a professional pilot this means immediate removal from cockpit duties.  The only recourse is to appeal the FAA’s order to the NTSB for a hearing, during which time the revocation remains in effect.  The appeal must be filed within 10 days from the date the order was served and, unless the emergency timeframes are waived, the hearing must occur within 30 days from the date the appeal was received.

Generally, however, it is difficult to mount a successful defense in such a proceeding.  Failure to read the question carefully is no excuse, and the FAA will generally not compromise or make deals to settle these cases other than to offer an opportunity to re-apply for airman certificates and ratings in less than one year.  This merely shortens the time to take and pass the written and flight tests required for each revoked certificate and rating.

In view of the severity of the sanctions which can be imposed, this article is written to remind all persons applying for an FAA Medical Certificate to read all questions carefully, particularly question 18v, and provide truthful answers.  As more fully set forth below, it is not just convictions which must be reported, and it is not just alcohol or drug related incidents which call for a YES answer.  If fact, one may have to report matters which do not even involve an arrest.

Have you EVER had any arrest(s) and/or conviction(s) involving driving while intoxicated by, while impaired by, or while under the influence of alcohol or a drug?  If so, that calls for a YES answer with an explanation.

This question specifically asks about arrests, not just convictions.  Even if the arrest leads to no action, it must be reported.  There may be instances where there is a reasonable basis not to report an arrest, but these are few and far between.  For example, if one is stopped at a DUI checkpoint and released, this would not constitute an arrest.  On the other hand, if one is stopped and subjected to a roadside sobriety test and released, this could well be considered an “arrest,” since that person was detained for a period of time before being free to leave. The FAA defines an “arrest” to include being detained by law enforcement. In case of doubt, it is probably better to report the incident with an explanation than try to explain it after an emergency revocation of all airman and medical certificates.

If there has been an arrest and/or conviction and a YES answer is provided on question 18v, it will probably be necessary to provide the medical examiner with documentation providing details of the arrest or conviction.  Get these documents early and consider applying for a new medical certificate well in advance of the due date to allow time for an FAA review. 

It’s not just an arrest for suspected driving under the influence of alcohol.  Driving while impaired by a drug also calls for a YES answer.

Even if one is not under the influence of alcohol, one can be arrested for driving while under the influence of a drug, legal or illegal, including a prescription drug.  Once again, this may trigger a YES answer to question 18v, and if so, it is important to obtain records of the arrest to take to the medical examiner when applying for a new medical certificate.  

The legalization of marijuana in many states has probably led to many instances of persons not realizing that it is still illegal to drive while high.  Being arrested for suspected driving while under the influence of marijuana can cause additional problems for an airman, because the FAA Medical Application asks whether the airman has used any illegal drugs within the previous two years iii.  If an airman is arrested for suspected use of marijuana and answers NO to the question about whether you have used an illegal substance, this could cause the application to be flagged for further investigation.  A YES to this question could raise questions about the applicant’s fitness to hold a medical certificate, and may require the applicant to submit to a drug test within 48 hours.

Have you EVER had any arrest(s) and/or convictions and/or administrative actions involving any offense(s) which resulted in the denial, suspension, cancellation or revocation of driving privileges or which resulted in attendance at an educational or a rehabilitation program? 

This also calls for a YES answer and an explanation, even if it is totally unrelated to alcohol or drugs.

While driving on the New York State Thruway I saw signs warning drivers that three arrests for use of a cell phone while driving leads to loss of driving privileges.  This would trigger the need for a YES answer on question 18v.  Similarly, if one has driving privileges suspended or revoked for multiple speeding tickets, this must be reported.

It’s not just an arrest which calls for a YES answer.

Question 18v inquires about arrests, convictions and/or administrative actions.  Many cities now have cameras to record drivers running red lights.  If a driver has too many tickets from violations caught on camera, this may lead to suspension, limitation or revocation of driving privileges.  If so, this calls for a YES answer on the Medical Application.

In Canada and some countries in Europe, there are cameras which are used to catch drivers for speeding.  For some offenses involving very high speed, that jurisdiction may suspend or restrict the violator’s driving privilege in that jurisdiction without a hearing or subject to a right to contest the charge.  In such case, this calls for a mandatory report on the FAA Medical application.  A YES answer may not cause a problem with the issuance of the medical certificate.  However, an improper NO answer could be grounds for revocation of all certificates and ratings.

CONCLUSION

Question 18v is rather comprehensive and requests information about ANY arrest, conviction and/or administrative action involving any charge or allegation of driving while impaired by or under the influence of alcohol or any drug.  It also requests information about ANY administrative action involving one’s driving privileges or which results in attendance at an educational or administrative program.  Read it carefully.  The consequences of an improper NO answer are too steep to be ignored

i. FAR 61.15 states in pertinent part:

(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; or

(3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle 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.

(e) Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC-700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:

(1) The person’s name, address, date of birth, and airman certificate number;

(2) The type of violation that resulted in the conviction or the administrative action;

(3) The date of the conviction or administrative action;

(4) The State that holds the record of conviction or administrative action; and

(5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.

 ii. Question 18 of the FAA Medical Certificate Application, Form 8500.8, provides in pertinent part:

“18. Medical History.  HAVE YOU EVER IN YOUR LIFE BEEN DIAGNOSED WITH, HAD, OR DO YOU PRESENTLY HAVE ANY OF THE FOLLOWING?  Answer “yes” or “no” for every condition listed below.

Arrest, Conviction and/or Administrative History—See Instructions Page

v. History of any (1) arrest(s), and/or conviction(s) involving driving while intoxicated, by, while impaired by, or while under the influence of alcohol or a drug; or (2) history of any arrest(s), and/or conviction(s), and/or administrative action(s) involving any offense(s) which resulted in the denial, suspension, cancellation or revocation of driving privileges or which resulted in attendance at an educational or a rehabilitation program.

On the Instructions Page for this question, it is stated in pertinent part:

If “yes” is checked, a description of the arrest(s), conviction(s) and/or administrative action(s) must be given in the EXPLANATIONS box.  The description must include: (1) the alcohol or drug offense for which you were arrested and/or convicted or the type of administrative action involved (i.e. attendance at an alcohol treatment program in lieu of conviction; license denial, suspension, cancellation or revocation for refusal to be tested; educational safe driving program for multiple speeding arrests and/or convictions, etc.); (2) the name of the state or other jurisdiction involved; and (3) the date of the arrest(s), conviction(s) and/or administrative action(s).  The FAA may check state motor vehicle driving licensing records to verify your responses….”

iii. Question 18(n) specifically asks:  .  “
HAVE YOU EVER IN YOUR LIFE BEEN DIAGNOSED WITH, HAD, OR DO YOU PRESENTLY HAVE ANY OF THE FOLLOWING?  

(n) Substance dependence or failed a drug test ever; or substance abuse or use of illegal substance in the past two years.” (underlining added)

While marijuana may not be illegal in many states, it is still illegal under Federal law.  Hence any use of marijuana in the United States within the past two years calls for a YES answer.

Jon Morse is an aviation attorney with more than 40 years of experience.  He holds an Airline Transport Certificate and an expired Certified Flight Instructor Certificate.

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SEEING THE R66 HELICOPTER “LOW RPM LIGHT” AND HEARING THE “LOW RPM HORN”

R66 Helicopter Emergency LandingR66 Helicopter Emergency Landing
Houston DWI Lawyer
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SEEING THE R66 “LOW RPM LIGHT” AND HEARING THE “LOW RPM HORN” MEANS “IMMEDIATELY LOWER THE COLLECTIVE”! RIGHT?? MAYBE!!!

Emergency R66 Helicopter landing

I. INTRODUCTION
January 4, 2021 was a beautiful morning in Bandera, Texas, which is known as the “Cowboy Capital of the World”. Temperatures were in the 60s and winds were calm. It was a CAVU day (clear above, visibility unobstructed)! About 10:30 a.m., I departed with a friend, for the purpose of dropping her off at San Antonio’s International Airport’s FBO, Millionaire (KSAT). Flying a 2013 Robinson R66 turbine helicopter, we departed from a private ranch helipad near Kerrville (KERV), on a 115 o heading for the 39 nautical mile trip, cruising approximately 110 knots at 3,000’ MSL. Radio traffic was light and the trip in was uneventful.

Having my friend safely delivered to her family, I topped off with 24 gallons of JET A fuel and was airborne headed back to the Bandera helipad by 11:30 a.m. My pre-flight revealed nothing wrong including the low rotor RPM horn check I did during the run-up. My departure was nothing less than beautiful as was my climb back to 3,000’ MSL, my cruising altitude. However, my world changed in a heartbeat as I saw the “low rotor RPM” annunciator light come on just as the “low rotor RPM warning horn” sounded.

Screen Shot 2021 06 01 at 11.55.39 AM

II. THE EMERGENCY
My first thought was “not really, not now”; but the trained part of me immediately took over and the emergency decision process began. Scanning my oil temperature, oil pressure, MGT, and N1 gauges all revealed they were all okay. Seeing them in the green, did not make the low rotor RPM light go out or the low rotor RPM horn stop. I did not sense any unusual vibrations or shaking unless you want to count my heart racing. In addition, I did not hear a change in the engine sound, but it was clearly being masked by the low rotor RPM horn. One side of my brain was saying: “fly the helicopter, preserve rotor RPM” while the other side of the brain said: “start looking for a place for an emergency landing”.

Screen Shot 2021 06 01 at 11.56.50 AM

(Proceeding from the bottom of the picture, I thought I had enough distance to make the dirt area just above and to the left of the pin. To me, that was the best cleared area for an emergency landing, and also, it provided a secondary area in case I had to land short – which is what happened. FYI, because of my initial altitude and airspeed, the thought of having to do a forced emergency landing into the treetops, was fortunately not something I had to think about).

As per my training, I immediately lowered the collective fully down to prevent rotor RPM loss. Having entered the autorotation, I then scanned the engine torque and the N2/Rotor gauges, the N2 needle was on the lower red line and that the rotor needle was sitting just below 95%. It was at this time that I both identified a vacant lot on a tree covered hillside for my emergency landing spot (1421’ MSL) and slowed my airspeed to 70 MPH. The reality of the moment had sunk in and my brain reviewed the coming autorotation inputs I had done so many times in the past – in fact, just two days earlier, I had practiced them at KERV. Those inputs, as they appear in the R66 POH at Section 3, are:

III. I CAN DO IT
As I descended, I ran through in my thoughts the above R66 emergency procedure several times. Following the checklist, I immediately fully lowered the collective down which did silence the horn but did not turn off the “low rotor RPM light annunciator”. It was at this time, that I scanned my air speed, descent rate, trim, and kept the main rotor RPM being between 95% and 106%. Let me tell you something, with only 1,589’ in my energy bank account, in a 1,500’ PM descent, the ground came up really fast. By the way, I have the Biblical scripture from Luke: 1:37 saying “For nothing is Impossible with God” decaled on both sides of the R66’s mast. Being a believer, I was really glad I did because I was definitely connected with, and talking to, the Lord at that time. Specifically, “Dear Lord, do not let me _ _ _ _ this up!! I know I can do this with your help!!”.

Screen Shot 2021 06 01 at 11.58.35 AM

(This was the landing spot I chose, specifically, the dirt half-moon just above the yellow pin/the approach was from the bottom of the picture going up/there were no cars at the time of the emergency landing. One thing I learned from this experience is that it is better to pick a good spot close because it will give you additional time).

 

IV. THE LOW ROTOR RPM WARNING SYSTEM EXPLAINED
Speaking now to the R66’s POH “low RPM audio alert”, (7-21) it says:

AUDIO ALERTS
“All R66 helicopters have a low-RPM horn which sounds when the rotor RPM is below 95%. The horn is muted when the collective is fully down”. The maintenance manual at 96-60 (2020), speaking to “Low Rotor RPM Adjustment” also provides: “The low rotor RPM warning unit is located inside the upper console, mounted to the left vertical panel. Two magnets attached to the main gearbox tail rotor driveline output yoke provide an RPM signal for the warnings unit’s gearbox-mounted Hall-effect senders. When the collective is at least 0.2 to 0.4 inch (measured at grip) above the full down position and rotor RPM is 95% or less, the warning unit illuminates the Low RPM annunciator segment and sounds two warning horns. 

Fully lowering the collective will silence both horns but will not extinguish the annunciator segment. The Low RPM annunciator segment and both horns must remain off above 95% rotor RPM (emphasis added). To make an adjustment, remove the plastic plug (from a 3/8-inch diameter hole) in the left- vertical panel exterior. Adjust screw on back of warning unit (2 turns equals approximately 1% change)”. 

Continuing my scan during the descent, I thought about trouble shooting the problem and asked myself the following questions:

– Had the throttle handle been turned fully open?

– Had the collective been accidently pushed down or had the friction on it slipped allowing it to lower?

V. PRACTICE MAKES PERFECT
Those questions in mind, I decided to re-power up the R66 and then turned the throttle handle fully open and then smoothly brought the collective full up. Regrettably, the low rotor RPM horn continued to sound, and, the low rotor RPM light remained on. I did see the N1 and N2 gauge needles start to rise, but there was a significant lag in both, while at the same time, the ground was getting really big. Accordingly, as there was not time to experiment, I went right back into the autorotation: at 40’ I flared, at 8’ I pushed the nose level, and falling through level, I smoothly raised the collective causing the R66 to lightly touch down on the
ground.

Screen Shot 2021 06 01 at 11.59.44 AM

(6” further back or to the right would have been disastrous)

VI. AFTERMATH AND THANKS
Fortunately, the touch down spot was clear but 6” to the right or 6” to the rear would have been disastrous because of large rocks. There was no question in my mind that the good Lord had a big part in keeping the R66 from getting damaged and me from getting hurt. Indeed, upon landing the first words out of my mouth were “thank you Lord, thank you Simon Jones, and thank you Robinson”! FYI, Simon is one of the instructors at the Robinson Safety Course.
After landing, I let ATC know all was well and then called my mechanics, Mike Underwood & Casey Rivera of SVT Aviation, who were out to the scene of the non-crash site in about two hours. 

Interestingly, in trouble shooting the problem, they determined that the low rotor RPM warning system was the problem and not the engine or transmission. Apparently, there was a fault in the electrical system for the low rotor RPM warning light which caused it to illuminate notwithstanding the RPM was above 95%. Once the light comes on, the system then causes the low rotor RPM horn to sound.

Having thought about this, it dawned on me, that I unnecessarily did a full emergency autorotation to the ground. I did this following Robinson training and POH instructions even though I had a perfectly good motor and transmission – I just did not know it. Knowing what I know now but didn’t know then, I would not have immediately fully lowered the collective, left the power where it was, and continued my flight to my destination or would have made a powered normal precautionary landing at the chosen emergency touch down spot. Thanking God again for the field that was there, I envisioned forcing myself into an autorotation no matter what was underneath me. 

I thank God that I was able to make that field and did not have to put down in the treetops. As it was, the Google Earth picture shows a yellow pin where I landed which left me about 40’ shy of the dirt area I was hoping to make. I have also included a few pictures of the R66 on the ground so that the reader can see the unfriendliness of the terrain. Clearly, from looking at the Google Earth picture, had I been compelled to land in the wooded area, my no damage and no injury happy ending would have been very different.

Screen Shot 2021 06 01 at 12.00.36 PM

(As you can see the size of the rocks, 6” to the right would have been as equally bad as 6” back)

So, what did I learn from this experience? First, it is important to regularly practice autorotations. Second, it is of primary importance when you see a low rotor RPM light, or have the low rotor RPM horn come on, that your first action should not be to immediately lower the collective fully down, but rather, to immediately focus your attention on both the N2 engine RPM and the rotor RPM needles. If they are in the proper operating range, then hesitate on putting the collective down and trouble shoot the problem – and always keep your eyes on the rotor RPM as you do. You can eliminate the horn by putting a collar around the low RPM horn circuit breaker so you can pull it in an emergency which will silence the horn (mine has a collar now). Here, you should only pull the CB if this is necessitated by the emergency. 

Remember, the horn in meant to be a distraction and, remember, you do not want it to become a distraction from safety. For example, while flying at night, having the horn continue to sound where you cannot get to a safe landing area for 15-20 minutes would create an unsafe distraction during that critical period of flight.

Under that or similar circumstances, since you already know there is a low rotor RPM danger, it is better to be able to concentrate on flying the helicopter, keeping your visual focus on your flight and engine instruments, and most importantly, on your rotor RPMs.

Screen Shot 2021 06 01 at 12.01.39 PM

Note, however, the low RPM light will still be illuminated. Reflecting on my twin-engine fixed wing engine out emergency procedure check list, I am reminded that I am wired to think “identify, verify, and feather”. Correctly following that procedure, a fixed wing twin engine pilot will be prevented from feathering the wrong motor. Accordingly, I have a new memorized procedure where time permits (based on altitude and airspeed), is that if I have a low rotor RPM annunciator light come on and/or I hear a low rotor RPM horn.

Specifically, it is to “identify, the N2 and rotor RPM gauge needles, and verify that the needles are showing low, and if so, then, and only then, to fully lower the collective”! Absent being too low or too slow, I will Never Again fully lower the collective again until I first verify the rotor RPM is low. The next thing I learned is that when picking an emergency landing spot, it is best to choose the closest spot and not necessarily the best spot. One final note, I highly recommend this scripture on your mast because you really can do all things with God.

* J. Gary Trichter is a fixed wing CFI, CFII and MEI. Gary regularly flies a Cessna 421C and an Aero Vodochody L39C. He has 2,500 hours in airplanes and 800 hours in helicopters. Gary has owned his R66 for three years and has 500 hours in it. He has attended the Robinson Safety Course four times and highly recommends it.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Ways a DWI Charge Can Be Dismissed in Texas

Ways a DWI charge can be dismissed in Texas
Houston DWI Lawyer
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Ways a DWI Charge Can Be Dismissed in Texas

Ways a DWI charge can be dismissed in Texas

There are a few ways a DWI charge can be dismissed in Texas. Here are some possibilities:

Illegal traffic stop: If the police officer didn’t have a valid reason to pull you over, it could be considered an unlawful traffic stop. If a judge agrees with this argument, the DWI charge could be dismissed.

Lack of probable cause: The police must have a reasonable suspicion that you were driving under the influence to make a DWI arrest. If there is no clear evidence or probable cause, a lawyer can argue that the charge should be dismissed.

Issues with field sobriety tests: Field sobriety tests are not always accurate indicators of impairment. If the tests were improperly conducted or there are doubts about their validity, a lawyer can challenge their reliability, which could lead to the dismissal of the charge.

Problems with breathalyzer or blood tests: Breathalyzer or blood tests are commonly used to measure blood alcohol concentration (BAC). However, these tests can be flawed or mishandled. If there are issues with the administration or accuracy of these tests, a lawyer can argue for dismissal of the charge.

Violation of your rights: If your constitutional rights were violated during the arrest or investigation, such as improper search or seizure, a lawyer can challenge the legality of the proceedings. If successful, the DWI charge may be dismissed.

Insufficient evidence: If the prosecutor lacks enough evidence to prove beyond a reasonable doubt that you were driving while intoxicated, a lawyer can argue for the dismissal of the charge due to insufficient evidence.

It’s important to try to get your DWI dismissed because a DWI conviction goes on your criminal record and can have long-term consequences. It can affect your employment prospects, professional licenses, and educational opportunities. By getting the charge dismissed, you can maintain a clean record and avoid these negative impacts.

Each case is unique, and the outcome depends on the specific circumstances. It’s important to consult with a qualified attorney who specializes in DWI cases in Texas. Working with an experienced DWI attorney who knows the Texas legal system can greatly increase your chances of having the charge dismissed.

Do you need help with a DWI arrest? Contact DWI Specialist Gary Trichter who was the 1st DWI Specialist in Texas and has been defending Texans for over 40 years.

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Ross “Maverick”
Mr. Trichter and the entire staff was extremely knowledgeable, professional, caring and compassionate. Mr. Trichter has an immense amount of knowledge. Including the details and specifics of dealing with the FAA after an arrest. As a fellow aviator and aviation enthusiast there is connection and passion that is priceless. Anytime I had a question or concern I knew I could reach out and have a reliable and caring person to help me. The end result of the case was favorable but more importantly the personal growth I obtained with the help of Mr. Trichter is something I will have for the rest of my life. I am so thankful I chose Mr. Trichter to represent me.
Ross “Maverick”
27/10/2022
Brandon Baker
If you are in search of a good lawyer, or having doubts about choosing one that will remain in your corner and back your play, I strongly recommend Mr.Gary Trichter, Mr.Trichter along with his legal staff were super beneficial and helpful to me when I needed help the most as a good DWI team they came together and got me through one of the darkest times in my life and I couldn’t be more appreciative and thankful, all the hard work and dedication from the Trichter law team, I would strongly recommend them to anyone In need of assistance for DWI or just a good lawyer to go to bat for you in your time of need.
Brandon Baker
18/09/2022
Paris Pshouq
Of course america, Mr trichter is the best lawyer I see ever .
Paris Pshouq
15/09/2022
Luke Fritz
I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. I can not express the amount of gratitude I have for him. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!
Luke Fritz
14/09/2022
Josh Reynolds
Aaron White was very helpful and detailed. Explained things to me every step of the way and was able to get my case dismissed. Thank you very much!
Josh Reynolds
24/08/2022
KM
I feel very fortunate to have selected Greg Houlton to represent me in my two DUI cases. My arrests occurred within three months of each other and I was sure I'd be facing jailtime, considering the circumstances of my arrests. It was a very difficult time and I was obviously struggling in my personal life. But within the first few minutes of meeting Greg, he made me feel very comfortable and insisted that I take care of myself, first and foremost, and let him deal with the legal proceedings. So that's what I did and Greg won both of my ALR hearings and got one of my cases dismissed. I received a year and a half of probation with no jailtime or significant fine. Greg by far exceeded my expectations and I couldn't be more pleased with the outcome. I can't say enough about Greg and his professionalism and the calming effect he had on me throughout this stressful period.
KM
01/08/2022
Air Wreck
Don’t think about it twice. If you need help with a DWI hire my man Leslie LeGrand!
Air Wreck
03/07/2022

Pilots Arrested For DWI: What You Need To Know

What Pilots Arrested For DWI Need To Know
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PILOTS ARRESTED FOR DWI: WHAT YOU NEED TO KNOW

What A Pilot Needs To Know If Arrested For DWI or Faced With A Driver's license Suspension Choice

I.   Introduction: The Problem for the Pilot in a DWI

The general public has no idea how unfairly pilots are treated by the Federal Aviation Administration (FAA) when they are arrested for DWI.  The FAA does not presume the pilot defendant to be innocent, but rather, guilty!  

Moreover, the FAA presumes without any backup information, that all breath and blood test results are accurate and reliable. In short, from an FAA enforcement perspective, there is a stacked deck against the pilot.

That being said, what is a pilot to do after being arrested for DWI? Should the pilot submit to a blood or breath test request or refuse it?  Regrettably, there are no easy answers to these questions other than pilots should never drink and drive because the costs are just too high.

For the pilot who has been arrested for DWI, the only sage advice to embrace is to get the very best DWI/license suspension/Expunction lawyer you can get.  

Importantly, this lawyer needs to both be knowledgeable and experienced in the Federal Aviation Regulations (FARs) so that the DWI pilot defendant can be guided through the FARs minefield. 

Knowledge of the 60-day reporting rule, medical certificate expiration times, and Texas Expunction Law are critical to avoiding a suspension/revocation/deferment of a medical certificate. 

This should not be the time to pinch pennies because there is so much riding on the outcome of the DWI/ license suspension prosecutions. Of import, because there are two prosecutions, the FAA has two shots at suspending and/or revoking and/or deferring the pilot’s medical certificate.  

Unbelievable as it may sound, in most cases, the FAA takes the position that not only will the pilot be presumed guilty, but also, they will be presumed to have an alcohol abuse problem.

For example, a medical examiner (AME) must defer medical certificate issuance for any of the following (deferral criteria):

    1. Where the AME cannot obtain and review the court and arrest records within 14 days of the date of the examination,

        2. For DWI/ Licensed Revocation cases:

a. Any DWI/License Revocations cases with a BAC of .15 or higher.  This would even be the case where there was a BAC below .15 and where another was .15 or above. Indeed, this would still be the case if there was an arrest followed by a dismissal or not guilty verdict (unless there was an expunction). Without question, this rule applies to convictions and administrative driver’s license actions.

b. Any DWI case/license revocations where a BAC test was refused. Like above, this would still be the case if there was an arrest followed by a dismissal or not guilty (absent an expunction).  Without question, this rule applies to convictions and administrative driver’s license actions.

c. Any DWI arrest, conviction, or administrative action within the proceeding two years AND THERE HAS BEEN ANOTHER arrest, conviction, and/or administrative action AT ANY OTHER TIME,

d. where there has been a total of three arrests or convictions, and/or administrative actions within a lifetime; and,

e. where within the proceeding ten years, there is a total of two arrests, convictions, and/or administrative actions.

II.   The Answer for the Pilot

In regard to these draconian consequences, a timely expunction under Texas Law is the only way to legally avoid having to report any of the above under the 60-day rule or on a medical application. 

For those that do not know, an expunction is a means to destroy all arrest and court records, and thereafter, under the protection of law to never have to admit the event ever happened. 

In effect, an expunction is like a legal time machine that brings your life back to a time just before you were stopped and arrested.  Accordingly, it should be obvious to the pilot who cares about flying, that the search for the right lawyer must immediately begin upon being arrested. 

Common sense dictates that the DWI pilot defendant needs to act quickly because the medical certificate clock is always ticking.

In summation, an expunction can only occur where there has been either a dismissal and/or the pilot was found not guilty.  Expunctions take time (averaging 3-6 months)! 

That is why a good lawyer starts immediately planning the pilot’s DWI/license suspension defense while never losing sight of the expunction and the FAA clock.

III. But what if there cannot be an Expunction and there is going to be a Deferral: What must a Pilot do?

Where the expunction stars did not line up correctly for the pilot, and a deferment of the medical certificate occurs, the FAA requires the pilot to provide the following:

  1. a personal statement detailing his/her present and past patterns of alcohol and/or drug abuse,

2. their driving record for the past 10 years (even if in multiple states),

3. copies of all arrest and court records that have not already been provided to the AME. This might also include relevant military records dealing with non-judicial punishment or substance abuse.

4. An evaluation from an addiction psychologist/psychiatrist or addictionologist familiar with aviation standards.  This would be a Human Intervention Motivational Study (HIMS) approved professional.

In regard to deferments, once the pilot is deferred, it is generally the case that the FAA requires a two-year proof of sobriety period.  Here, it is incumbent upon the pilot to supply that proof in order to get back in the cockpit.  

Again, the knowledgeable and experienced lawyer can help to guide, gather, organize, and structure that proof in the most persuasive way to help the pilot get back in the air.

IV.  So when can an AME issue a Medical Certificate (issuance criteria)?

An AME can issue a valid medical certificate where none of the above-referenced deferral criteria are met.  Where a deferral criteria is identified, but the most recent incident occurred more than five years prior to the exam, and the AME does a detailed interview, and the examiner determines on both the exam and the applicant’s history, that there is not a possible substance abuse or dependence problem, a medical certificate can be issued. 

However, where the most recent incident was within the five years of the exam and the AME has the benefit of reviewing court records and arrest reports, the examiner may still issue a medical certificate where the examination and the applicant’s history did not indicate a possible substance abuse or dependency problem.  

Note, for the latter to happen, the pilot applicant is going to have to have every “T” crossed and every “I” dotted, plus have all the arrest and court records for the AME to review within the allotted 14 day period.  

Again, the knowledgeable and experienced lawyer can be of immense assistance to the pilot applicant in gathering, organizing, and structuring these records for the AME to timely review.

V.   Closing: The Best Advice

The best advice to the pilot is to never drink and drive.  The “8 Hours from Bottle to Throttle Rule” is just as applicable to automobiles as it is to airplanes. 

But if you do get arrested for DWI and you are a pilot, please feel free to contact me so that working together we can keep you flying.  Telephone (713) 524-1010 / gary@texasdwilaw.com / www.texasdwilaw.com

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Pilots Arrested For DWI: Getting Your Wings Back

Pilot Gary Trichter
Houston DWI Lawyer
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GETTING YOUR WINGS BACK

How Pilots Charged With DWI Can Get Back To Flying

By J. Gary Trichter & Arthur T. Hadley, III, MD, AME

The job of the AME in the aviator fitness for flight medical examination process is to coordinate the flow of information to the FAA so it may make an informed and safe decision regarding the aviator’s flying status. 

When an aviator has their flight physical, and there is a DWI noted in the history section of the medical application (Form 8700-2; Question 18), the AME will ask the applicant questions about that event. 

Regardless of the level of alcohol at the time of the event, the AME cannot certify the applicant and must defer that decision to the FAA.

Here, it must be acknowledged that the FAA is not known for its rapid speed decision-making process. Knowing that, how can the AME accelerate this process for the aviator? 

First, he can make sure that the aviator has timely notified the FAA Security and Hazardous Materials Safety Office (SHMSO) in Oklahoma City, Oklahoma, of the DWI and/or license suspension event, as the aviator has 60 days after the event to notify SHMSO. 

Should that 60-day window be missed, it is still better to then not at all. Second, the AME will remind the aviator to request their driving record from the Texas Department of Public Safety. The AME will further tell the aviator to obtain from his DWI lawyer all records from the DWI and Administrative License Revocation cases so that they, too, can be given to the AME for review. 

By doing so, the AME can make a judgment about how serious the event was and inform the FAA of that opinion. Indeed, the AME may pre-furnish those documents to the FAA to try to speed the medical application along. 

Here, in rare circumstances, the end result may be that the AME, having pre-furnished the documents to the FAA, may be able to receive telephone approval for the issuance of the medical certificate without a deferment. However, this is rare, but it has happened, and it is certainly worth trying.

A Senior AME, and especially a HIMS qualified AME (These AME’s have additional training and certification and the acronym stands for Human Interventional Motivational Study– a study that clinically and scientifically showed that aviators were very motivated to return to flying and could remain abstinent from drugs and/or alcohol — will not let the matter rest with the mere submission of the flight physical exam). 

Those AMEs will contact the FAA and try to determine what the FAA’s decisions are regarding the specific applicant and what will be the rehabilitation requirements to get the pilot back flying. That conversation will likely be with the FAA’s HIMS qualified AME.

Regarding proving sobriety to fly, the aviator should prepare themselves for frequent and random drug/alcohol tests, and also, at least quarterly visits to their AME of record. Here, it is presumed that the aviator will hire the AME to represent and guide through this FAA reapplication process. 

Of course, the aviator should be sure they have a comfortable and trusting working relationship with their AME because the process will likely take at least one year or more. 

Note, this process is fluid, and there are no guarantees that it will be successful, and accordingly, it is often the case that the aviator will become frustrated with the process. Notwithstanding, with unceasing dedication and hard work by the aviator and the AME, the light at the end of the tunnel can most often be seen.

Focusing on whether or not there will be a medical deferment because of a DWI arrest, it does not matter what BAC level resulted from an Intoxilyzer or blood test, a deferment is the default FAA position. 

Moreover, any result at, or above 0.15%, is a red flag presumption to the FAA that the aviator has a substance abuse and/or addiction problem. 

Understanding this, the aviator can expect that the FAA will want, in addition to the above, evaluations showing that there is no dependence on drugs and/or alcohol. 

In this instance, the aviator will be counseled that the cause would be better served if a licensed professional counselor (LPC) is hired to make that determination. 

Better yet the hiring of a psychiatrist or an addiction medicine specialist will make the aviator’s case to get back flying more persuasive. If money is not an object, or if the aviator wants to increase the chances of success, the aviator can create a team by hiring a licensed professional counselor, a psychiatrist, an addiction medicine specialist, and an attorney who is very experienced in FAA matters. 

From the FAA’s view, the more qualified the medical evaluators are, the more weight will be given to their opinions. Also, in almost all cases, the FAA will require that the aviator participates in an out-patient sobriety program such as Alcoholics Anonymous (AA) meetings. 

Here, it is important that the aviator has a log that can be signed by the individual running each meeting to prove their attendance. Also, it is a good idea for the aviator to keep a journal of what was discussed and learned at each meeting so both the log and the journal can be produced to the FAA as part of its evaluation. 

It is here, by gathering, organizing, and assembling your sobriety and a low risk to aviation safety proof, that the experienced aviation lawyer can be of great assistance.

Turning now to the type of medical application sought, if the aviator is an applying for a First or Second Class Medical Certificate, and the applicant is flying for an airline that has its own HIMS Program (generally these are national or international airlines that have their own regulations and specifications that have been HIMS approved, such as the Southwest Airlines program which is available to view on the web). 

Nevertheless, all First or Second Class Medical Certificates are certified in Washington DC. History has shown that in some cases the process takes 14-16 months just to make the initial decision. 

That being the case, if the aviator is not flying for one of these large commercial airlines or not flying commercially, many Senior AMEs will recommend that the aviator applies only for a Third Class Medical Certificate because that decision will not be made in Washington DC, but rather, the FAA in Oklahoma City makes that “okay to return to flying” decision and does so with much less delay- about a year or more. 

Here, it must be remembered that a deferment only means that the pilot can no longer act as pilot in command. The pilot can still fly with a certified flight instructor.

So, what advice do Senior AME’s give to their pilot applicants? 

To be blunt, never drink and drive. 

Being charged with a DWI, even if you are innocent, is not worth the risk of losing your flying privileges, and from a commercial pilot’s perspective, your career and your future. 

While it is legal in Texas to drink and drive while not intoxicated, it is far safer to use a designated driver, Uber or taxi, and if none are available, to show good judgment, and simply not drive if you are drinking or don’t drink if you must drive.

Here are just two examples of the collateral dangers of drinking and driving to the aviator. 

The first example, there was an aviator who was erratically driving in a church parking lot and was arrested for DWI. It took five years of sobriety proof for that aviator to be returned to flying status. 

The second example involved an aviator who was speeding to escape the threat of a sexual assault and was arrested for DWI. Her reinstatement took over a year of sobriety proof before she could be returned to flying status. 

These two examples hopefully clearly show that an aviator should not drink and drive no matter what the reason. Incidentally, even where the aviator is found to be not guilty of a DWI, the FAA still takes a presumptive guilt position until there is substantial proof of continued sobriety.

Our final advice to the aviator charged with DWI, wishing to continue in aviation, is that they should wisely choose their AME and aviation lawyer. 

Again, the aviator should be very comfortable in the choices because they will be working with that AME and lawyer for an extended period of time. 

Moreover, when thinking about drinking before driving, to first think about the cost of a bond to get out of jail, the cost of getting your vehicle from the tow truck yard, the cost of a good DWI and license suspension lawyer, a good lawyer experienced in FAA matters. 

You should also be thinking about the cost of a licensed professional counselor, a psychiatrist, and an addiction medicine specialist. Thinking in terms of a defense team, it is important to remember that the FAA Medical Certification Division decision-makers will only speak to physicians. 

To be clear, we are not talking about the enforcement process where your lawyer would be speaking to the FAA, but medical fitness, which is solely the jurisdiction of the Medical Certification Division.

Accordingly, from an aviation medical perspective, the AME is critical in knowing where the aviator’s case stands with the FAA. Having this knowledge, allows the AME to guide you and your sobriety team on the best path to have your flying privileges reinstated. 

In closing, the best defense against losing your flying privileges is by pre-deciding to NEVER drink and drive. 

However, if you do, the best medicine to overcome a medical deferment is to hire both an AME who is experienced and cares, and also, a lawyer experienced in FAA matters!

*Arthur T. Hadley, III, MD, is an Aviation Medical Examiner (AME) and a pilot. He has been a practicing physician since 1972 and is a 1978 graduate of the United States Airforce School of Aeromedicine. His primary practice is Preventive Medicine, but Aerospace Medicine is a favorite sub-specialty. He has been honored to have been elected as a Fellow to Aerospace Medical Association and was an astronaut candidate and a NASA flight surgeon. Dr. Hadley has been practicing medicine from 2008 to the present at the Arthur Hadley Medicine Clinic www.fitslim.com. Dr. Hadley can be contacted by telephone at (281) 597-1010 and by e-mail at arthurhadley@hadleymd.com

** J. Gary Trichter is the senior lawyer with the Houston & Bandera, Texas Law Firm of Trichter & LeGrand, P.C.  Known as “The Cowboy Pilot Lawyer”, he has been in practice for approximately 40 years and represents clients throughout Texas.  Gary is the former co-author of the two-volume treatise entitled Texas Drunk Driving Law (1s through 4th Editions) and is author of over forty journal articles ranging from DWI, grand jury, drug couriers, aviation, to the Star-Spangled Banner.

Gary is “AV” rated by Martindale-Hubbell and has been voted by his peers the past 14 years as a Texas Monthly Magazine “Super Lawyer”.  He is also “Board Certified” as a DWI Specialist.  This rating comes from the National College for DUI Defense whose rating has been approved by the American Bar Association and accepted by the Texas Board of Legal Specialization. Gary is Founder and Past-President of Texas DWI Lawyers (formerly Texas DWI Defense Lawyers Association), past President of the Texas Criminal Defense Lawyers Association and past Dean and Regent for the National College for DUI Defense.  He is a former Director and former DWI co-chair for the DWI Committee for the Texas Criminal Defense Lawyers Association and past chairman of NACDL’s Drunk Driving Committee.

From an aviation experience perception, Gary has multiple Certified Flight Instructor ratings, he is a CFI, CFII (Instrument), and MEI (Multi-Engine). Mr. Trichter can be contacted by telephone at (713) 524-1010 or by e-mail at gary@texasdwilaw.com

TELL US ABOUT YOUR CASE

Get A Fast Response

Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.