What should your FAA DUI attorney tell you about DUI convictions? The first thing your FAA DUI attorney should tell you is that whether you are convicted of a DUI may not matter when it comes to obtaining your FAA medical certificate. More specifically, if you are arrested for DUI, but later convicted of a lesser offense, the FAA is still going to consider the incident aeromedically significant. For instance, your FAA DUI attorney should tell you that a plea to “reckless driving” following a DUI arrest will still likely result in a deferred medical application (depending on some variables) and an inquiry by the FAA as to your eligibility to hold an airman medical certificate.
Your FAA DUI attorney should tell you that the FAA’s medical certification application asks at question 18v. whether you have been arrested and/or convicted for an incident involving driving while intoxicated, while impaired by, or while under the influence of alcohol or a drug. This means that even if you are arrested for DUI, but later convicted of a “lesser offense,” you still have to indicate “yes” on question 18v. and provide the details of the offense in the explanation box. In essence, adjudication is not as important to the FAA as the event itself and what was documented from a medical perspective by the arresting officer(s) and those who may have conducted alcohol and drug screenings. In that, the FAA’s emphasis is on whether the incident was an example of use of a substance in a situation that was physically hazardous. Beyond that, the FAA utilizes any alcohol or drug testing results to ascertain whether you have a medically disqualifying “substance abuse” or “substance dependence,” as those conditions are described in 14 CFR Part 67.
If you have been arrested for a DUI, you should consult with a FAA DUI attorney immediately. Getting your charge of DUI reduced to “reckless driving” or some other “lesser offense,” does not necessarily reduce your liability with the FAA. Call a FAA DUI attorney at The Ison Law Firm today to discuss your reporting requirements and reestablishing your eligibility for airman medical certification. Your FAA DUI attorney at The Ison Law Firm is standing by to vector you through legal turbulence.