FAA DUI Reporting Analysis and Defense
Did you know that you only have 60 days after a DUI conviction or driver’s license action to file a report with the Federal Aviation Administration (“FAA”)? Specifically, the Federal Aviation Regulations require that an airman convicted for violation of a statute relating to the operation of a motor vehicle while intoxicated by a drug or alcohol, while impaired by a drug or alcohol, or while under the influence of a drug or alcohol make a report to the FAA within 60 days. Furthermore, an airman only has 60 days to report to the FAA if his or her driver’s license has been cancelled, suspended, or revoked for a cause related to the operation of a motor vehicle while intoxicated by a drug or alcohol, while impaired by a drug or alcohol, or while under the influence of a drug or alcohol.
What does this mean for an airman who has been arrested for DUI? If an airman refuses to submit to a breath test during a DUI arrest, the arresting state may require that the airman’s driver’s license be suspended or revoked for a period of time. Or if by reason of the airman’s Blood Alcohol Content being significantly high at the time of arrest, the airman’s driver’s license may be suspended or revoked. It is important that if you are an airman that has been arrested for DUI, that you be cognizant of the date of driver’s license suspension or revocation, as you will only have 60 days from that date to report the action to the FAA. Furthermore, if an airman is ultimately convicted of DUI or another statute relating to intoxication while driving, the airman will only have 60 days from the date of conviction to file a report with the FAA. Typically, airmen can plea to lesser crimes, which may or may not be reportable, so always consult with an aviation attorney before making the decision to report or not report.
Outside of the 60 day reporting requirements, the FAA also requires that an airman report on all FAA medical certificate applications any history of arrests and/or convictions involving driving while intoxicated by, while impaired by, or while under the influence of a drug or alcohol; or any history of any arrests and/or convictions, and/or administrative actions involving an offense which resulted in the denial, suspension, cancellation, or revocation of driving privileges or while resulted in attendance at an education or rehabilitation program. It is important that an airman read this question in full, as the FAA medical application requires the reporting of any arrest, as well as any potential driver’s license suspension or revocation. This is not simply a question asking the airman about DUI convictions.
The penalties for failing to report a driver’s license cancellation, suspension, or revocation and/or conviction due to operating a vehicle while under the influence of a drug or alcohol can result in potentially a 45-day suspension of an airman’s FAA airman certificate. Most importantly, however, is that the penalty for failing to report a DUI arrest, conviction, or administrative action on the FAA medical application, is revocation of both airman and airman medical certificates.
If you’ve been arrested or convicted of DUI or another alcohol related motor vehicle action or if your driver’s license has been suspended or revoked, call your FAA DUI defense attorney at The Ison Law Firm. It is possible to amend your medical application before the FAA notices an error on your medical application – let an aviation attorney at The Ison Law Firm guide you through the amendment process.
Although physically located in Florida, The Ison Law Firm handles FAA DUI reporting analysis and defense nationwide. If you are an airman and have been arrested or are facing a DUI conviction, call your aviation attorney at The Ison Law Firm to discuss your FAA reporting requirements today.