Last year i was arrested for DUI (I know it was dumb), I refused to do a blood test but I did do a PBT test that determined my BAC content. The FAA wants an Official Toxicology report but since I refused to do one at the station the DPS never received anything. I only have the BAC on the police report, it was below the .115 but enough to get me arrested. I've already sent them everything I have, including a letter stating and signed by me that says I don't have an official report. What should I do now? Does anyone have any experience in this kind of situation? I'm looking into even hiring an Aviation attorney.
You should have consulted an aviation attorney long before now, but that's still what you need as soon as you can.
BTW, AFAIK, the legal limit for driving anywhere in the USA is .08, not .115. Also, the FAA views refusal to provide a sample to LE as being the same as .15, and that's a long and expensive flying downtime even if it's your first alcohol event.
I understand. I was told by my HIMS AME that i should be fine thats why didn't follow through with a lawyer. However Im not flying since Ive just recently enrolled into flight school and am doing ground school until this situation gets dealt with. How long until this gets cleared? Ive heard it can be at least a year from the time i was convicted i can reapply for a medical after its been denied. is that true?
HIMS AME's are many things, but (like me) they aren't lawyers and you cannot rely on their advice on the law. Your HIMS AME can certainly provide good advice on what you have to do to successfully complete the HIMS program, but as for your questions about the legal requirements, you need to talk to a lawyer.
As for wait after denial, yes, here's what it says in 14 CFR 61.15:
(d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:
(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or
(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.
See also block C in the following regarding refusals:
Finally, any time there is any question about whether you will be issued or not, it is most imprudent to make the application before you investigate whether issuance is likely or not, and if not, what you'll need to be issued. If there is such a problem, you really want to have all the examinations and paperwork completed before you apply for the medical. Flight schools and instructors do their trainees no favors if they don't discuss this with their trainees before the trainee applies for the medical.
They take the 0.115 field breath test, if that's all there is. They've done it B4. Otherwise you have to get evaluated, whcih you can do…..