Someone new to the industry recently turned in a package for his OS. After he turned in his paperework but 2 days before receiving the USCG issuance letter edit (email). He received a DUI.
The email states the credential was issued and he should receive it within 3 weeks.
The DUI was 2 days prior to issuance.
I’m curious on peoples advice. I have no idea outside of a maritime lawyer. He’s already convicted or ? Dui. Im not sure of the exact charge.
He didn’t fraudulently apply.
Quick search says he does not need to notify IF he was licensed or credentialed already.
Likely he is fine (besides being an unsafe idiot for drinking and driving).
If by “He received a DUI” you mean he was pulled over on that day and charged then he hasn’t yet been convicted, even by the definition in 46 crf. And at the time he applied he did not have a conviction.
If he holds a current valid credential then he has no obligation report a conviction until his next application of any type.
There is a lot of good information and applicable links and definitions here:
Yes he was convicted by the judge for driving under the influence.
I believe there are zero reporting requirments until renewal under "normal " circumstances.
The only odd thing on this one is he was actually convicted prior to his first issue being issued but after he applied. I assume all is fine but I learned not to assume long ago.
Ahh, well that’s a unique grey area. But my unofficial non-lawyer opinion is that he is still probably ok.
He didn’t have a conviction at the time he submitted the application and therefore he didn’t lie on his application. Based on the timeline you gave he also didn’t have a conviction when his application was accepted by the NMC.
He should probably count himself very lucky. And if he waits three years to apply for upgrade or renews in five years, and he only has the one conviction, then I don’t believe he’ll even have an assessment period…see Table 1 in 46 CFR 10.213 as referenced in the thread I linked to.
Thanks, I was thinking the same. He should be fine and has to wait 3 years to upgrade or risk consequences. I am not an expert or lawyer by any means. Just seems logical.