FAA licenses and DUI charges – Spokane DUI Lawyer

Pursuant to 14 CFR 61.15, when a pilot is convicted of driving under the influence (DUI) or driving while ability impaired (DWAI), or he or she has had their driver’s license administratively suspended or revoked, that pilot is required to report the charge, conviction or administrative action to the Federal Aviation Administration (FAA) within 60 days. If there is more than one conviction or administrative action, each must be reported separately. For example, if that pilot’s driver’s license was suspended or revoked shortly after a DUI or DWAI arrest, a letter to the FAA advising of the suspension or revocation must be sent that advises of this action. It must also specify whether the pilot failed or refused blood alcohol testing. If sometime after that suspension or revocation, the pilot is convicted of the DUI or DWAI, another letter disclosing the conviction must also be sent. Even if both actions are taken at the same time, two separate letters are still required. The following information must be provided:

• Your name, address, phone number and driver’s date of birth and your airman certificate number
• Whether you failed or refused breath testing
• Your driver’s license number and the state of issuance
• The type of violation that caused the administrative action or conviction
• The dates of the administrative action or conviction
• The state where the administrative action or conviction occurred
• Whether the action resulted from the same incident or the same facts as a previously reported motor vehicle action

Failure to report
Reporting might be the biggest problem that some pilots create with section 61.15. The FAA takes a very dim view of failing to report a DUI, DWAI or administrative action against a pilot’s driver’s license. To the FAA, failure to report means that you are withholding material information. Some pilots might seem to think that the issue won’t come to light, but preliminary administrative actions and DUI and DUAI convictions are reported to the National Driver Register (NDR). Whenever a pilot is up for medical review again, an NDR search is performed, and one or both of those actions will show. NDR information is checked against FAA records. If a licensed pilot fails to report an arrest, conviction or administrative action against his or her driver’s license, an emergency order of suspension can be issued by the FAA. That could ultimately result in permanent revocation of all of a pilot’s licenses, authorizations and medical certificates. It’s far better to timely report rather than to withhold.

Reduction of the charge

Some DUI and DWAI charges are reduced to offenses like reckless or negligent driving. Those convictions aren’t required to be reported, but if the pilot followed the procedure detailed in section 61.15, the FAA will still have received notice of the administrative action against his or her driver’s license. A pilot doesn’t want to be cleared of DUI or DUAI allegations and then get in possibly bigger trouble for failure to report the administrative action against his or her driver’s license.

Contact a Spokane DUI Lawyer today

When a pilot’s ability to fly and career have been placed in jeopardy, it’s prudent to navigate the courts and the FAA with a knowledgeable and experienced DUI attorney. The sooner that your attorney can get involved in your DUI case, the better the result on your ability to fly and career might be. If your driver’s license and pilot’s license have been put at risk as a result of an alcohol or drug charge, contact us right away. We don’t want to see you lose either of your licenses.