DUI, Pilots & FAA in California
P ilots, especially airmen and women who fly commercially, are bound by a different set of rules than most, and therefore need to consult with an experienced and responsible attorney who can advise after weighing the specific circumstances surrounding the DUI arrest
The Federal Aviation Administration, or FAA, has established rules, or "FAR's" (Federal Aviation Safety Regulations), dictating how a DUI, or driving and alcohol related incident should be addressed and managed:
Federal Aviation Regulations
Section 61.15 of the FAR's states:
(c) For the purposes of ...this section, a motor vehicle action is defined as:
(1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;
(2) The cancellation, suspension or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, or while under the influence of alcohol or a drug (emphasis added);
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(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 three years of a previous motor vehicle action is grounds for:-----
(1) Suspension or revocation of any certificate, rating, or authorization issued under this part.
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(e) Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Action Security Division (AMC-700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action.The report must include:
(1) The person's name, address, date of birth, and airman certificate number;
(2) The type violation that resulted in the conviction or the administrative action;
(3) The date of the conviction or administrative action;
(4) The State that holds the record of the conviction or administrative action; and
(5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.
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(f) Failure to comply with paragraph (e) of this section is grounds for:(1) Suspension or revocation of any certificate, rating, or authorization issued under this part.
1. Medical Certificate Disclosure
In addition to complying with the the FAR's paragraph above, the Federal Aviation Administration requires the pilot to disclose the drunk driving related incident on his or Medical Certificate. All pilots are required to maintain a current medical certificate in order to legally fly. Pilot Medical Certificates may be issued in six, twelve or twenty-four month increments.
2. Disclosure to the FAA Civil Security Division
In addition to listing the DUI incident on the pilot's medical application and certificate, he or she must also notify the Federal Aviation Administration's Civil Security Division in Oklahoma City within 60 days of a DUI conviction, a guilty verdict, or a plea down to an alcohol and driving related charge. Besides disclosing the DUI offense to the CSV, the pilot must also report any driver licensing penalities ( such as suspension or revocation ) to the FAA Security Division in Oklahoma City within 60 days of the imposed sanctions.Preserving Your Pilot's License after a DUI
One DUI arrest, if not accompanied by aggravating factors or DUI enhancements, and properly handled with the FAA, should not evoke a loss of permission or licensure to fly per the FAA, although employers such as commercial airlines sometimes enforce stricter policies.(1) Be sure and report a conviction and / or licensing sanctions to the FAA Civil Security Division in Oklahoma City. If you make the mistake of reporting to the local FAA FSDO instead of the CSD in Oklahoma, it will count as a non-reporting violation against your pilot's license.
If you commit a subsequent DUI offense within a three year period, the FAA will suspend or revoke your pilot's license.
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Aircraft Owners and Pilots Association. AOPA maintains a pilot assistance hotline for Association members: 1-800-USA-AOPA, or (1-800-872-2572) and is an excellent source of information and support.
John E. Dui is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 1-800-522-6700 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.