What Happens When a Pilot gets a DUI/DWI?
Your worst nightmare as a pilot - a DUI. Will this end your
career as a pilot? What if you are the lawyer representing a
pilot? Is this a simple DUI case or will it end your law career
with a malpractice lawsuit? I know these questions can light up
your eyes to why a pilot is different when they get a DUI.
First, pilot or not, you have to follow your state laws. Keep in
mind your time frame for appeals or administrative hearings. You
could probably get your driver's license back under an
occupational license during your suspension. Even if its your
first offense, you better be on your toes if you want to keep
flying.
Second, pilots fall under another set of rules from the FAA.
They are the FARS (Federal Aviation Regulations). Do you have to
report to the FAA now or later? Can I just put it on my FAA
First Class Medical Certificate? Can I just call the CFI
(certified flight instructor) at the local FAA office FSDO
(Flight Standards District Office)?
Your most important resource (lawyer or pilot) is Section 61.15
of the FARS. Section (e) states that you must report "not later
than 60 days after the motor vehicle action". It lists the
things you must submit to the FAA, Civil Action Security
Division in Oklahoma City, not your local FSDO. This is very
serious as section (f) states "Failure to comply with paragraph
(e) of this section is grounds for . . .(2) Suspension or
revocation of any certificate, rating, or authorization issued
under this part."
In summary, what do you do? If you are convicted of a DUI/DWI,
it must be reported on your medical application. You also have
to notify the FAA in Oklahoma City within 60 days of the
conviction. Do NOT contact the local FSDO, as this is NOT
incompliance with the FARS. Do this quick or face a suspension
for a non-reporting violation.
Drinking and Driving is bad. Drinking and flying is worse. Both
can end careers, lives and marriages. They can even take
innocent victims. Also, if you have two separate incidents
within a 3-year period, then the FAA can deny an application or
revoke/suspend a pilot's license. You can avoid all of this by
not drinking and driving.