Understanding the reporting requirements faced by pilots arrested for a DUI and the FAA process is crucial for those confronting potential suspension or revocation of their FAA medical certificate. This period is filled with uncertainty, fear, and many unknowns.
This page covers critical aspects of reporting a DUI arrest to the FAA, including the requirements outlined in Federal Aviation Regulations and the necessary steps for submitting a notification letter. We’ll take a look at the implications of a motor vehicle action, the role of the aviation medical examiner, and what pilots need to disclose on their airman medical application. Understanding these reporting requirements and the potential consequences of alcohol or drug-related convictions is vital for ensuring compliance. If you’re dealing with a DUI/DWI, this information will highlight key steps the airman needs to consider. The sooner you contact an attorney for a consultation, the better you are able to plan ahead for eventual FAA response as a result of the DUI/DWI.
Report a DUI to the FAA
There are two important DUI/DWI reporting requirements for pilots.
- The first requirement is found at FAR 61.15, also known as a ‘Notification Letter,’ which requires a pilot to report a “motor vehicle action” by submitting a Notification Letter to the FAA.
- The second requirement is disclosing a DUI arrest or other reportable actions on the pilot’s airman medical application, FAA Form 8500-8 (aka MedXpress application question 18v)
The FAA DUI Reporting Regulation
Under 14 CFR 61.15, all pilots—airline, corporate, and hobbyist—must send a Notification Letter to the FAA within 60 calendar days of the effective date of a motor vehicle action.
In 14 CFR 61.15(c), alcohol and/or drug-related convictions or administrative actions are referred to as motor vehicle actions.
A motor vehicle action is defined, in part, as “a cancellation, suspension or revocation [or denial] of a driver’s 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 or while under the influence of alcohol or drugs.” FAR 61.15(c).
Additionally, a Notification Letter may need to be sent to the FAA if the pilot’s DUI offense results in a DUI conviction. This is a result of a motor vehicle action is further defined as a “conviction… 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.” FAR 61.15(c).
Actions resulting from operating a motor vehicle while intoxicated can lead to serious implications for pilots, including potential charges related to substance abuse or substance dependence. Understanding the consequences of such actions is crucial, as they may trigger a motor vehicle action that impacts not only driving privileges but also a pilot’s ability to maintain their license and medical certification.
Examples of Reportable Administrative Actions (Not a comprehensive list)
Revocation, suspension, or cancellation of driver license for:
- Chemical test failure/Chemical test refusal
- Administrative per se orders
- 10-day civil revocations
- Express consent revocation/suspension
Tip: When dealing with court records related to a DUI arrest, it’s crucial to collect all records and keep them organized, as they will likely be requested during the investigation. Records include the citation, drivers license suspension order, court disposition, plea agreement, conviction records, or deferred adjudication records.
Do I Need to Send a Notification Letter?
In some cases, there is no reporting requirement at all under FAR 61.15. Examples include if the pilot’s driver’s license has not been suspended, or if the charges are later dropped to something that is not related to being under the influence, for example, reckless driving. There are also more complicated scenarios. For example, in some states, a pilot who is arrested or charged with a DUI may receive a notice of suspension or revocation for their driver’s license; however, the notice will not be immediately effective. Rather, the notice will state that the the pilot has a certain amount of days before the pilot’s driver’s license suspension or revocation becomes effective; and, if the pilot files an appeal for review with the state’s department of motor vehicles before then, the pilot’s driver’s license revocation or notification does not going into force during the pendency of the appeal. An even more fringe example comes from certain states, like Michigan, where the police officer will take possession of a pilot’s license at the time of arrest and issue a paper certificate. Now, the whether this constitutes a revocation of a license to operate a motor vehicle and thereby a motor vehicle action under FAR 61.15 depends on the situation. If, for example, the police officer can only issue a paper certificate after taking the pilot’s driver’s license if the pilot’s license is not currently suspended or revoked, then it is likely that the police officer’s taking of the driver’s license does not constitute a revocation or suspension and trigger a Notification Letter under FAR 61.15.
Multiple Offenses
The FAA is serious about enforcing reporting requirements. FAR 61.15 goes on to say that if you have 2 motor vehicle actions within a 3-year period, the FAA can revoke or suspend your pilot’s license. That’s significant because, if you’ve got one DUI, you need to avoid getting another one within 3 years, as it could jeopardize your medical certificate and your ability to fly.
Reporting a DUI on the Pilot Medical Application
Equally important as a Notification Letter is whether the event needs to be disclosed on the airman medical application, also known as MedXpress Form 8500.
The MedXpress medical application requires pilots to report both an arrest and/or conviction for:
- a history of any arrests and/or conviction involving driving while being intoxicated by, while impaired by or while under the influence of alcohol or a drug, and
- a history of any arrests and/or convictions and/or administrative actions involving an offence which resulted in the denial, suspension, cancellation or revocation of driving privileges or which resulted in attendance in an educational or rehabilitation program
Once you report an arrest and/or conviction on the MedXpress application, the Aviation Medical Examiner (AME) will determine if they can re-issue your medical certificate. If the AME is not able to issue the airman medical certificate, it will be deferred to the Aviation Medical Certification Division (AMCD) for review. The deferral process can lead to numerous requests for information from the FAA, and possibly treatment or evaluations for substance dependence and substance abuse disorders.
Get Answers to Your Questions: Pilot DUI and FAA Medical Certificate
Even with a single alcohol or a drug-related event, the FAA may open an investigation, or propose a certificate action like revoking your medical certificate, or request additional information regarding your medical qualifications. All very good reasons to contact an aviation attorney for a consultation.
Discuss your Pilot DUI and the FAA Process with an aviation attorney. Call Barnett Law Offices at 1-800-578-5512 for legal representation. What is written on this page is not a substitute for a consultation with an aviation attorney. It does not constitute legal advice, and pilots should not take any action based upon what is written on this page without first speaking with an aviation attorney.
