Pending DUI and effect on WJ

[panda]

Well this is a topic I wish never had to be brought up. I have a pending DUI charge and am thinking about going to WJ. No, I was not Charlie Sheen gooned nor was I impaired. I was .02 over ( equivilant to 1/2 beer ) and was only screened because I was honest with the officer.

There is a trial to be completed so I do not know if I will have a criminal record or not, until that trial is over.

Do I wait until the trial is over and closed, or do i just tell WJ management upfront and hope that they don't close the door on me forever.

If convicted during the 12 month probation period, am I terminated?


This is a crappy topic and a worse situation. I have not met many people that have been able to tell me they have never gone home thinking they weren't over but wondered what would happen if pulled over. So, that being said hopefully those that respond aren't out for blood and ridicule.

[Rotten Apple #1]

Best of luck fella.

[2R]

Get a lawyer with a lot of DUI experience.Most cases get tossed.

[pika]

...nor was I impaired. I was .02 over...

How are you defining impaired?

If you blew and were .02 over some might argue you were impaired. Along the same lines as you can't be a little bit pregnant.

Good luck.

[sean.j]

that's ugly we've all done it and yet whether you get caught determines if your a good person or a bad person.

maybe Dave P will show up and tell you what the rule of thumb is, they have never been anything but upfront on these forums.

If they have invested in you your good if not there is a thousand others who have done it without being caught

[panda]

In Canada you get charged with 2 charges if hit with a DUI. One is being impaired and the other is being over .08. I showed no signs of being impaired ( lack of balance, slurred speech, inability to communicate normally....) which the officer stated. But because I was honest with the guy and told him I had a couple of drinks earlier in the night he was able to charge me with being over .08.

[Bede]

Hey Panda,

1) Like a previous poster said, get a good lawyer. The money spent on a good lawyer will be a lot less than the money lost from losing a job.
2) I think a bigger problem than WJA is the effect of a conviction on your RAIC and whether you can fly transborder with a conviction. That is something you need to explore, possibly through your lawyer.
3) I believe the WJPA will be a big help. Talk to them.
4) I'm not sure where you are, but in ON, if you blow between 60 and 100 (I think) it's a 24hr license suspension, over 100 is considered over 80 because the breathalyzers are a bit inaccurate. Did you blow over 100?

[FL020]

PANDA:

No such thing as Pending DUI. It's pretty cut and dry. You were most likely charged with driving over .08, and Impaired. If you showed no signs of Impairment, the Impaired charge will be thrown out at your first hearing. As for the .08, they got you on that if you blew the tests at the station.

No effect on RAIC pass, and no effect on crossing the border. Convictions usually take over 2 years, and Like others have said, if you're looking to spend over 10k, you'll most likely get off the charge.

Shitty situation, but pilots, and rail workers licenses are not affected by the 3 month drivers license suspension.

[DaveP]

Thanks for the question.

The way I'm reading this is you aren't in the pool yet but thinking of applying. I wouldn't discourage you from doing so.

So there are a couple hurdles to jump. First off get through the process. If you are convicted then start looking into your other options such as appeal or looking into when you can apply for or work on a pardon.

The interview process...be honest and up front. If you were convicted it will get caught in the background check. Then there are no surprises. Honesty - believe it or not still goes a long way today. Integrity is key.

As for operational concerns, there is a risk if you get the wrong customs officer going to the states he/she may turn you back. That is dependant solely on the officer (or maybe his mood of that day) There is no law that says you are prohibited from entering.
I personally know many pilots at various carriers and at corporate levels flying with this conviction. They haven't had any troubles flying back and fourth.
We also had our legal dept examine all countries where we fly for this very reason. Based on there findings only the States seemed to have the toughest rules.

I concur with FL020, you won't have an issue with your RAIC.
Contrary to Bede, the WJPA will not assist if you aren't on property.

We will then review the case and circumstances on a case per case basis.

I certainly don't mind writing back on a more private level when you have a better idea of the outcome.

Tough spot no doubt but we have all made bad decisions before. I really hope you learned from that one and thank goodness there wasn't anyone hurt. Weather it's a half a beer or an extra 100 feet on the approach...the law is the law. There is a good reason for them.

Dave.

[Bede]

Sorry, I misread. I though you were already at WJ.

[barefootpilot]

Not sure when you got your DUI, but in BC there is a province wide appeal by a large group of people that were falsely tested. A few months after the new laws came in the RCMP admitted to not having there roadside screening devices properly calibrated and thus giving false guilty reading. There is a website on it and believe it is being put out by a lawyer in Victoria. Can't remember the names but read about it in the paper a few months ago.

Good luck

[panda]

To all of the respondents, thank you. This is all great advice and has given me some perspective on direction. Thanks again and hopefully it will work out in the end. Cheers!

[WayDownTown]

Panda,

With what you have learned and what you will learn why don't you try to create some awareness program at your current location. There are a lot of resources out there to help other pilots make better personal decisions but sometimes we just need to be reminded of the right thing to do. You don't have to admit any wrong doing but however your close call may or may not be, could potentially help someone else.

[Old fella]

Make sure you exercise and understand your constitutional rights when dealing with the state - I am amazed many do not and unknowingly waive their rights by talking too much to the state. My close acquaintance is a Criminal defense attorney and many, if not all according to her don't know when to shut up and they do indeed have the constitutional right against self-incrimination and a right to silence. Case in point when stopped by cops they have to have a justifiable reason to stop you - not a hunch.
For DUI you are required to blow in the portable screening devise but again cops have to have a reasonable suspicion you consumed booze, never, never admit that you did if they ask you, just don’t talk. You have a right to silence.
At the station to blow the breathalyzer never never, ever answer any questions on how much you drank, where you were or with who and what time. Don’t take any further tests like standing, heel to toe and this shit. YOU ARE NOT REQUIRED BY LAW TO DO SO – so politely refuse. Anything you say at that time will be taken as evidence against you – BE AWARE OF THAT.
Talk to Duty Counsel or your own lawyer before you blow. Remember the cops have to follow the rules (Criminal Code), the rules are convoluted, contradictory and difficult to understand - if they don’t their evidence acquired by violating your rights should be tossed and most if not all cases, it will be.
Don’t plead guilty and get a knowledgeable CDA – it is worth it. There are countless examples of invalidated breath examples, by small amts taken by equipment that hasn’t been calibrated etc., etc.,
Best of luck

[Rex Kramer]

A few years ago when working an airport job making my way into the industry, I watched Canadian Customs agents now CBSA(CANADA BORDER SERVICES AGENCY) refuse entry to those with alcohol related driving offenses. I asked a CBP agent (US CUSTOMS AND BORDER PROTECTION) what their position was- they have no problem with allowing entry into the UNITED STATES with an alcohol related offense. Hope that helps you sleep better for the time being and good luck through the process. Hope we all make it to WJ!

[The Old Fogducker]

Rex:

I've also been in a car where one of the folks had a DUI conviction, and he was denied access. We drove back across the bridge ... dropped him off, and then went back for our shopping trip.

OFD