How do I handle a DUI for a private pilot that was not reported to CAMI?

Question

I am a new CFI and I have a new student who wants to get back into flying after 8 years. His last medical was issued 10 years ago. A year ago he got a DUI, but because he wasn't flying, he never thought to report it to CAMI within the 60 day time frame. I know that you can get into some trouble, so what is the easiest way to resolve this problem before he goes and gets a new medical and completes his flight review? I am just trying to keep the guy out of trouble and get him back into the air with out to much hassel. Thanks

Answer 1

They MIGHT see it as a "no harm no foul, but contrary to what John suggests, the regs do not say if you are not exercising the privileges of you certificate, you dont have to report it.

Have you student/pilot contact an aviation attorney and have him/her contact the FAA, not CAMI. The attorney begins the negotiation with your name as "John Doe" and  can negotiate a "get out of jail free card" with your promise that you  see the errors of you  ways and will not do it again.

This  does happen often , and the FAA is usually lenient in this matter.. if the pilot contacts them directly,...well that is a different story. A second offense will meet the full ramifications, you can count on that!

After they get their "letter:, when going for the medical, in the box that asks about dwi/dui convections, etc. put reported, no changes ( advice give to me from a senior aviation medical examiner whom I know) This is done so the AME will not defer the medical to Oklahoma City, costing the pilot a lot of time waiting for Ok city to approve the medical app.

Answer 2

The responses are focusing on the reporting aspects. My response is a little different: FAR Part 67.107 speaks to substance dependence, substance abuse, substance misuse. It might behoove you to review it with the pilot in question. Apart from the reporting requirement, there can be a separate issue of the airman's medical fitness. Also: 67.107(b)(3) is a bit of a catch-all.

Whatever path he chooses, if it is not reported and he applies for a medical without reporting it on the application, then he is subject to prosecution by the Department of Justice for falsification on a federal application/form.

Answer 3

if he wasn't excercising the privilages  of his certificate when he got the dui, no harm no foul. but he better report it during his next medical exam.