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 delve into 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, and plan to renew your airman medical certificate, this information will highlight key steps the airman needs to consider. The sooner you contact an attorney for a consultation, gives everyone more time to plan ahead for eventual FAA response.
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 (aka MedXpress application question 18v)
The FAA DUI Reporting Regulation
Under 14 CFR 61.15, all pilots must send a Notification Letter to the FAA within 60 calendar days of the effective date of an A. alcohol or a drug-related conviction or B. administrative action.
- The administration action reporting requirement: In 14 CFR 61.15(c), alcohol and/or drug-related convictions or administrative actions refer to motor vehicle actions (MVA).
A motor vehicle action is defined as “a cancellation, suspension or revocation 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.” This includes any instance where a pilot’s blood alcohol content exceeds the legal limit.
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
2. The conviction reporting requirement: Additionally, a second Notification Letter may need to be sent if the DUI offense results in a DUI conviction. Even though the airman may need to send two notification letters, the FAA views the suspension and conviction as one alcohol-related incident. It is important to understand that any reportable convictions can lead to further scrutiny and potentially a formal investigation by the FAA.
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 Section 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.
Multiple Offenses
The FAA is serious about enforcing reporting requirements. FAA 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.
The 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.
