Failure to Report A DUI to the FAA

  • ON Feb 01, 2017
  • /
  • BY Anthony Ison
  • /
  • IN Pilot Law

Did you know you that you can have your medical and/or airman certificate(s) revoked for failure to report a DUI to the FAA? What’s more is that you can have your medical and/or airman certificate(s) revoked even if you weren’t convicted of DUI, but you failed to report to the FAA either an administrative suspension of your state-issued driver’s license or a “plead-down” lesser, offense. In fact, the federal aviation regulations (“FARs”) require a certificate holder to file a report with the FAA within sixty (60) days of a “motor vehicle action.” The FAA considers a “motor vehicle action” to include:

    1. A conviction 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 by a state for a cause related 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; or
    3. The denial of an application for a license to operate a motor vehicle by a state for a cause related 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.

It is important for every FAA certificate holder reading this article to understand that the FAA requires SEPARATE reports for administrative actions and convictions. That means that if an airman’s driver’s license is administratively suspended or revoked prior to conviction of a DUI and then the airman is subsequently convicted of DUI or even potentially reckless driving (depending on the statute in the convicting state), the airman will have to file two separate reports! One tip to remember for airman is that refusing to “blow” for a breathalyzer can in many states automatically trigger an administrative suspension of the airman’s driver’s license…triggering an automatic report to the FAA! Beyond that, alcohol related “motor vehicle actions” are also required to be reported on an airman’s medical application (look for more information on this in a separate blog article).

 

If you forget to report your “motor vehicle action” to the FAA within the 60 time limit – it’s time to contact an FAA enforcement attorney. Generally, the FAA will work with an airman that reports a “motor vehicle action” after the 60 day time limit – however, the FAA looks for very specific language in these reports and what and airman says or doesn’t say in this report can either trigger certificate revocation or other FAA enforcement action, or it can lead to leniency from the FAA.

 

If you are a pilot that has received a DUI and need assistance reporting it to the FAA or if you’re a certificate holder that failed to report a DUI to the FAA, it’s time to call your aviation attorney at The Ison Law Firm. Your FAA enforcement attorney is standing by to help you with all your DUI reporting requirements.