Narrative:

On apr/xa/98, at approximately XA18, I was driving home after a long day of health insurance sales training. (I sell health insurance to supplement my income as an independent contract pilot for several companies.) I was suffering from a bad, painful abscessed tooth. (Dental records available for verification.) when I stopped at a gas station for gas, I saw and spoke with 2 gentlemen that I have known on a casual basis. During the conversation it became apparent to both men that my abscessed tooth was causing me substantial pain. One man took out a 1 ounce bottle of vodka from his trunk and told me to soak a piece of napkin and place it on my tooth to relieve the pain. I did this, finished paying for my gas, and proceeded to drive the remaining 3 mi to home. About 2 mi down the road I was pulled over by 2 young police officers, of a small community, and arrested for dui. At the subsequent trial, despite the testimony of the 2 men that testified under oath that I was not under the influence of alcohol and indeed quite sober, I was found guilty of dui. The last dui I received 3 yrs ago resulted in the suspension of my airman's certificate. At that time the FAA said that if I had filed an ASRS report form with NASA I would not have received a certificate suspension. Looking back at the situation, I should have waited until I got home to try and relieve the pain with my tooth. I have notified the FAA within 60 days of the action of my dui conviction, however, depending if they (FAA) go by arrest date instead of conviction date the last dui was within 3 yrs. It really amazes me how easy it is to be accused of, and then found guilty, of dui even when the truth is that you were not under the influence. It seems local police departments have turned dui into a real revenue generator. I would be interested in how many other pilots have fallen prey to the dui traps.

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Original NASA ASRS Text

Title: ATP RATED PLT RECEIVES ANOTHER DUI (DRIVING UNDER THE INFLUENCE) CONVICTION WITHIN 3 YRS AND IS CONCERNED THAT HIS PLTS CERTIFICATE WILL BE SUSPENDED AGAIN AS IT WAS BEFORE.

Narrative: ON APR/XA/98, AT APPROX XA18, I WAS DRIVING HOME AFTER A LONG DAY OF HEALTH INSURANCE SALES TRAINING. (I SELL HEALTH INSURANCE TO SUPPLEMENT MY INCOME AS AN INDEPENDENT CONTRACT PLT FOR SEVERAL COMPANIES.) I WAS SUFFERING FROM A BAD, PAINFUL ABSCESSED TOOTH. (DENTAL RECORDS AVAILABLE FOR VERIFICATION.) WHEN I STOPPED AT A GAS STATION FOR GAS, I SAW AND SPOKE WITH 2 GENTLEMEN THAT I HAVE KNOWN ON A CASUAL BASIS. DURING THE CONVERSATION IT BECAME APPARENT TO BOTH MEN THAT MY ABSCESSED TOOTH WAS CAUSING ME SUBSTANTIAL PAIN. ONE MAN TOOK OUT A 1 OUNCE BOTTLE OF VODKA FROM HIS TRUNK AND TOLD ME TO SOAK A PIECE OF NAPKIN AND PLACE IT ON MY TOOTH TO RELIEVE THE PAIN. I DID THIS, FINISHED PAYING FOR MY GAS, AND PROCEEDED TO DRIVE THE REMAINING 3 MI TO HOME. ABOUT 2 MI DOWN THE ROAD I WAS PULLED OVER BY 2 YOUNG POLICE OFFICERS, OF A SMALL COMMUNITY, AND ARRESTED FOR DUI. AT THE SUBSEQUENT TRIAL, DESPITE THE TESTIMONY OF THE 2 MEN THAT TESTIFIED UNDER OATH THAT I WAS NOT UNDER THE INFLUENCE OF ALCOHOL AND INDEED QUITE SOBER, I WAS FOUND GUILTY OF DUI. THE LAST DUI I RECEIVED 3 YRS AGO RESULTED IN THE SUSPENSION OF MY AIRMAN'S CERTIFICATE. AT THAT TIME THE FAA SAID THAT IF I HAD FILED AN ASRS RPT FORM WITH NASA I WOULD NOT HAVE RECEIVED A CERTIFICATE SUSPENSION. LOOKING BACK AT THE SIT, I SHOULD HAVE WAITED UNTIL I GOT HOME TO TRY AND RELIEVE THE PAIN WITH MY TOOTH. I HAVE NOTIFIED THE FAA WITHIN 60 DAYS OF THE ACTION OF MY DUI CONVICTION, HOWEVER, DEPENDING IF THEY (FAA) GO BY ARREST DATE INSTEAD OF CONVICTION DATE THE LAST DUI WAS WITHIN 3 YRS. IT REALLY AMAZES ME HOW EASY IT IS TO BE ACCUSED OF, AND THEN FOUND GUILTY, OF DUI EVEN WHEN THE TRUTH IS THAT YOU WERE NOT UNDER THE INFLUENCE. IT SEEMS LCL POLICE DEPTS HAVE TURNED DUI INTO A REAL REVENUE GENERATOR. I WOULD BE INTERESTED IN HOW MANY OTHER PLTS HAVE FALLEN PREY TO THE DUI TRAPS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.