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Driving under the influence is an inherently perilous act, and its gravity is duly recognized by the law. Consequently, both the general population and pilots are subject to the severe consequences that arise from a DUI offense, including imprisonment, substantial fines, and administrative consequences from the DMV. You may only have ten (10) days to challenge the DMV, so time is of the essence.

However, pilots facing a DUI encounter additional concerns specific to their profession. Failure to adhere to the Federal Aviation Administration's (FAA) reporting guidelines for a DUI could result in the suspension or revocation of their pilot's license. Even if the pilot fulfills their obligation to report the incident and the FAA conducts an investigation, the consequences can still be detrimental. Regardless of the outcome regarding their license, major airlines often enforce policies mandating the termination of any pilot convicted of a DUI. Thus, job security is at risk irrespective of the fate of their license.

When a pilot is apprehended for driving under the influence, immediate action is crucial. Regardless of the conviction outcome, it is essential to report the incident to both the FAA and the employing airline. 

The FAA has established two distinct reporting obligations for driving offenses related to alcohol, but these requirements are often misunderstood. The initial reporting requirement is outlined in FAR 61.15, which mandates that pilots must inform the FAA's Security and Hazardous Materials Safety Office of any "motor vehicle actions" or convictions linked to DUIs within 60 days of the effective date. To fulfill this obligation, pilots can utilize an FAA form letter that is available for download on the official FAA website. It's important to note that "motor vehicle actions" encompass not only convictions but also the suspension, revocation, or cancellation of a driver's license.

In several states, when a driver is apprehended for a suspected DUI, their driver's license is immediately suspended administratively. This immediate suspension triggers the 60-day reporting requirement, which begins from the moment the suspension is enforced. Once the case is resolved, a second 60-day report must be submitted if there is a conviction for any violation of federal or state laws related to operating a motor vehicle while under the influence of alcohol or drugs.

The second reporting obligation involves accurately answering question 18v on all future FAA medical applications. This question, along with its accompanying instructions and examples, must be carefully reviewed as it inquires about any arrests or convictions related to DUI/DWIs. It also asks about a "history of any arrest(s), and/or conviction(s), and/or administrative action(s) resulting in the denial, suspension, cancellation, or revocation of driving privileges or attendance at an educational or rehabilitation program." It's important to emphasize that any DUI arrest must be reported, even if there are no subsequent administrative actions or convictions.

It is crucial to remember that both reporting requirements apply regardless of timing. This means that pilots must report any DUI motor vehicle actions or convictions within 60 days, as mandated by FAR 61.15, and also report them accurately on their next medical application. If the next medical application occurs before the 60-day report is made, the pilot must still provide a separate report for the DUI action in addition to checking box 18v on the FAA medical application. To better understand your obligations for reporting, consulting with your DUI criminal defense lawyer is recommended.

Typically, pilots are advised to report their DUI by sending a letter to the FAA's Security and Investigative Division. Following this, the FAA will provide instructions on the subsequent steps to be taken. In most cases, a medical examination will be required to assess if there is an alcohol use disorder that could impair flying abilities. The FAA's response varies on a case-by-case basis, but generally, license suspension or revocation occurs under the following circumstances:

• Multiple DUI arrests.
• Recent involvement in other criminal activities within the past two years.
• Blood alcohol content exceeding 0.15.
• Failure to furnish requested documents to the FAA.
• Causing severe injury or fatality while driving under the influence.
• Refusal to cooperate with law enforcement and undergo a blood alcohol test.

If you or a loved one has been arrested for a DUI in Fort Lauderdale, it’s important to seek a DUI defense lawyer as soon as possible. The right counsel has the potential to help you avoid a conviction or reduce the risk of losing your pilot’s license. At the Law Office of Sean Clayton, PA our attorney has ample experience handling DUI cases. We help people deal with their criminal cases throughout Fort Lauderdale, Miami, Palm Beach, and surrounding areas. Get started scheduling your free consultation with a Fort Lauderdale criminal defense attorney.