Pilot License - DUI

Pilot License & DUI

Anyone with a pilot license should not even consider drinking and driving. The Federal Aviation Administration strictly enforces the regulation of alcohol and those licensed to fly. It is the responsibility of the airman to report certain conduct for the Airman Medical Certificate. If a pilot declines to disclose certain conduct listed below on their Airman Medical Certificate, they can be assured the FAA will impose severe sanctions.

Pilot DUI

If you hold a pilot license and have been arrested for DUI it is imperative you seek out experienced legal counsel knowledgeable about the FAA regulations. Legal counsel should be obtained immediately. Contact us for a Washington State DUI defense law firm that has years of experience representing commercial airline pilots.

FAR section 61.15 below are relevant for pilot license holders that are involved with a DUI.

Pilot DUISec. 61.15 - Offenses involving alcohol or drugs.

(c) For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:

(1) A conviction after November 29, 1990, 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 after November 29, 1990, 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 after November 29, 1990, of an application for a license to operate a motor vehicle 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.

(d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(e) Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC-700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:

(1) The person's name, address, date of birth, and airman certificate number;

(2) The type of violation that resulted in the conviction or the administrative action;

(3) The date of the conviction or administrative action;

(4) The State that holds the record of conviction or administrative action; and

(5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.

(f) Failure to comply with paragraph (e) of this section is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

The Airman Medical Certificate has three classifications; first, second and third. Each classification has different reporting requirements.

DUI Pilot License

* A first-class airman medical certificate is required for an airline transport pilot certificate. This medical certificate is valid for 6 months plus the remainder of the days in the month of examination.
* A second-class airman medical certificate is required for commercial, non-airline duties (e.g., for crop dusters, corporate pilots) and is valid for 1 year plus the remainder of the days in the month of examination. Those exercising the privileges of a flight engineer certificate, a flight navigator certificate, or acting as air traffic control tower operator must hold a second-class airman medical certificate.
* A third-class airman medical certificate is for a private pilot certificate, recreational pilot certificate, a flight instructor certificate, or a student pilot certificate. A third-class airman medical certificate is valid for 3 years plus the remainder of the days in the month of examination for pilots under age 40 or for 2 years plus the remainder of the days in the month of examination for those pilots age 40 and over.

Further:

Applicant History - Item 18. Medical History v. Conviction and/or Administrative Action History

The events to be reported are specifically identified in Item 18.v. of FAA Form 8500-8. If yes is checked, the applicant must describe the conviction(s) and/or administrative action(s) in the EXPLANATIONS box. The description must include:

* The alcohol or drug offense for which the applicant was convicted or the type of administrative action involved (e.g., attendance at an educational or rehabilitation program in lieu of conviction; license denial, suspension, cancellation, or revocation for refusal to be tested; educational safe driving program for multiple speeding convictions; etc.);
* The name of the state or other jurisdiction involved; and
* The date of the conviction and/or administrative action

If there have been no new convictions or administrative actions since the last application, the applicant may enter PREVIOUSLY REPORTED, NO CHANGE. Convictions and/or administrative actions affecting driving privileges may raise questions about the applicant's fitness for certification and may be cause for disqualification.

A single driving under the influence (DUI) conviction or administrative action usually is not cause for denial if there are no other instances or indications of substance dependence or abuse. The Examiner should inquire regarding the applicant's alcohol use history, and the circumstances of the incident.

Note: The Examiner should advise the applicant that the reporting of alcohol or drug offenses (i.e., motor vehicle violation) on the history part of the medical application does not relieve the airman of responsibility to report each motor vehicle action to the FAA within 60 days of the occurrence to:

Security and Investigations Division
AMC-700
P.O. Box 25810
Oklahoma City, OK 73125-0810


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