The Federal Aviation Administration (FAA) has strict requirements for reporting DUI (driving under the influence) charges. If you’ve been arrested for DUI or DWI (driving while intoxicated) or have a history of drunk driving, you need to understand these reporting obligations. Failure to comply with FAA regulations can lead to severe consequences.
DUI Reporting Requirements for Airman Medical Certification
If you file an Application for Airman Medical Certification (FAA Form 8500-8), you are required to report any history of DUI arrests or convictions. It doesn’t matter if the DUI charges were dropped, you were found not guilty, or you pled to a lesser charge. You must report any DUI-related matters.
A DUI includes but is not limited to driving under the influence of alcohol or drugs, driving while impaired by alcohol or drugs, and driving while intoxicated by alcohol or drugs. You are required to report arrests, convictions, and administrative actions related to drunk driving charges. That includes any actions to suspend or revoke your driving privileges and requirements to attend an alcohol education or rehabilitation program.
Once you report a DUI to the FAA on your medical application, an Aviation Medical Examiner (AME) will decide whether they can re-issue your medical certification. If the AME decides they cannot re-issue your certificate, your application will be forwarded to the Aviation Medical Certification Division for review. This can result in other actions, including referrals for substance abuse evaluation and possibly treatment.
Failing to report a DUI arrest or conviction to the FAA can result in the revocation of your medical certificate and pilot’s license due to intentional falsification on your application.
DUI Notification Requirements for Certificated Airmen
Certificated airmen have an obligation to report offenses involving alcohol or drugs to the FAA under 14 CFR §61.15. You must file a report with the FAA within 60 days of any motor vehicle action.
A motor vehicle action includes:
- A conviction under state or federal law related to operating a motor vehicle while impaired by alcohol and/or drugs, intoxicated by alcohol and/or drugs, or under the influence of alcohol and/or drugs.
- The suspension, cancellation, or revocation of your driver’s license because of a charge related to operating a motor vehicle while intoxicated, impaired, or under the influence of alcohol and/or drugs.
- A denial of a driver’s license for any cause related to operating a motor vehicle while under the influence, impaired, or intoxicated by alcohol and/or drugs.
It is important to note that the FAA requires you to file separate reports for DUI convictions and administrative actions. That means you must file one report if your driver’s license is administratively suspended. You will also need to file a separate report with the FAA if you are subsequently convicted of DUI or a lesser offense related to driving under the influence.
What Should Pilots Do if They Have a History of DUIs or They Are Arrested for DUI?
The FAA reviews DUI reports very carefully. They thoroughly analyze all statements you make in the report. Therefore, what you include in the report could result in one or more actions, including losing your pilot’s license, substance abuse treatment, or denial of your airman medical certification.
If you have been arrested for DUI or have a history of DUIs, it is wise to consult an aviation attorney. They understand the reporting requirements and the consequences of DUIs for pilots. An attorney can help you complete the required forms to report a DUI to the FAA. They can also work to minimize the consequences of a DUI so you can keep flying.
Call The Ison Law Firm Aviation Lawyers for a confidential consultation to discuss DUI reporting representation with an FAA aviation attorney. We are experienced pilots and skilled FAA enforcement defense lawyers.
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