• NC Software is proud to announce the release of APDL - Airline Pilot Logbook version 10.0. Click here to view APDL on the Apple App store and install now.

DUI and FAA notification?

heph224

Active member
Joined
Aug 18, 2005
Posts
44
Total Time
Some
My good friend got a DUI last night and he said that might not tell the FAA. I told him that you have 30 days or so and that you have to indicate it on your medical anyway. I also told him that if the FAA ever fnds out he lied they might suspend/revoke his certificates and not allow him to ever get an ATP since he does have good moral character. My question is as follows: If he notifies the FAA that he got a DUI, will the FAA suspend his certificates????
 

viper548

Well-known member
Joined
Dec 30, 2004
Posts
2,090
Total Time
6800
heph224 said:
My good friend got a DUI last night and he said that might not tell the FAA. I told him that you have 30 days or so and that you have to indicate it on your medical anyway. I also told him that if the FAA ever fnds out he lied they might suspend/revoke his certificates and not allow him to ever get an ATP since he does have good moral character. My question is as follows: If he notifies the FAA that he got a DUI, will the FAA suspend his certificates????

I think it's 60 days to notify them. The FAA WILL find out. IF he doesn't disclose it, WHEN the FAA finds out they WILL suspend or revoke his cert. If he's a private, I'd bet on 180 day suspension. Comm or higher, i'd bet on revokation. He's screwed either way, but he will be in violation of several FARs if he doesn't disclose it. His best bet is to hire a good attorney and try to get the DUI reduced to something else.
 

EatSleepFly

Well-known member
Joined
May 18, 2003
Posts
648
Total Time
Some
I don't think it's an automatic certificate action. I could be wrong, of course.

When I was a private student, my flight instructor got one. I know that he reported it, and I know that he didn't get any certificate action.

Now he has a better (flying) job than many of us could dream of having. Some guys have all the luck.
 

semperfido

Keep Humpin
Joined
Dec 5, 2004
Posts
1,873
Total Time
11K+
found this info here- www.aviationmedicine.com - check it out for yourself as there is more info:)


Under 14 CFR 61.15, all pilots are required to submit a notification letter to AMC-700, within 60 calendar days of the effective date of an alcohol-related conviction or administrative action. For purposes of 14 CFR 61.15(c), alcohol-related convictions or administrative actions are referred to as motor vehicle actions (MVA).

An administrative action consists of a suspension, cancellation, or revocation of a driver license. Examples of administrative actions include a suspension, cancellation, or revocation of a driver license for driving with an excessive blood alcohol level or refusal to submit to a chemical or blood test. Airmen should be aware that the nature and duration of administrative actions varies among the states. For instance, some states, such as North Carolina, provide for a 10-day civil revocation for refusing to test. Other states may impose a lengthy suspension (e.g. 90 - 180 days) for a similar violation.
 

FN FAL

Freight Dawgs Rule
Joined
Dec 17, 2003
Posts
8,573
Total Time
7,000+
semperfido said:
found this info here- www.aviationmedicine.com - check it out for yourself as there is more info:)


Under 14 CFR 61.15, all pilots are required to submit a notification letter to AMC-700, within 60 calendar days of the effective date of an alcohol-related conviction or administrative action. For purposes of 14 CFR 61.15(c), alcohol-related convictions or administrative actions are referred to as motor vehicle actions (MVA).

An administrative action consists of a suspension, cancellation, or revocation of a driver license. Examples of administrative actions include a suspension, cancellation, or revocation of a driver license for driving with an excessive blood alcohol level or refusal to submit to a chemical or blood test.

You're on the right track...Here's some more.

When your buddy got the DUI arrest, he was probably given what the cops called, "a receipt" for his drivers license. That wasn't a receipt...that pink piece of paper was a notice of suspension or revocation. What they don't tell you is that the clock is running and you have like 7 or 10 days to request a hearing to keep your drivers license at least until you have gone to trial and are convicted.

What does this mean in the big scheme of things? I don't know, but if you want to keep your license until you go to trial, that might be an incentive. The other incentive is, if you go to the hearing and keep your license for a year while awaiting your DUI trial, you will not have to report your DUI to the FAA untill the conviction. What difference does a year make? Get an attorney and mull it over with him and make sure he knows about this FAA thing when you see him.
 

Hung Start

Just the cleanup guy
Joined
Sep 12, 2004
Posts
701
Total Time
enough
I did, I reported it, absolutley nothing happened. That downside is you have to check "u" or "v" I think on your medical EVERY time. In the comments you write "previously reported"

The Feds know we are all drunks, just don't do it a second time in 3 years. Then your an addict.
 

viper548

Well-known member
Joined
Dec 30, 2004
Posts
2,090
Total Time
6800
If your friend has an airline job or wants an airline job, he may have completely screwed himself. If he's a member of the AOPA legal services plan, have him call them
 

Spooky 1

Well-known member
Joined
Nov 28, 2004
Posts
987
Total Time
Some
Maybe you would care to tell us what state this was in? It's not the end of the world, but you do have to follow the rules carefully so as not to step on your crank at a later date. I have a very good friend that handles a lot of these cases and as long as you are taking the correct legal course both with the state and the feds you should survive. The TSA does criminal background checks for all airline pilots and if your friend has a felony conviction for DUI, as is the case in some states, your probably in serious troble regarding an airline job. They already have enough problem children without hiring more in the their eyes at least. BTW, your friend should expect that this little indescretion will cost him anywhere from $5,000 at the min, to $10,000+ by the time it is over and that does not count any potential career damage that may have been done. Do a Google search and under FAA, DUI and you can find a lot of information.
 

viper548

Well-known member
Joined
Dec 30, 2004
Posts
2,090
Total Time
6800
In light of all the recent drunk pilot arrests (and the 2 that got jail time) I can't imagine any airline hiring a pilot that has a DUI within the last 10 years.
 

midlifeflyer

Well-known member
Joined
Jan 20, 2003
Posts
2,047
Total Time
some
heph224 said:
I also told him that if the FAA ever fnds out he lied they might suspend/revoke his certificates
You can replace the word "might" with "will."
 

FN FAL

Freight Dawgs Rule
Joined
Dec 17, 2003
Posts
8,573
Total Time
7,000+
Both pilots that I know who got dui's beat the rap...go figure the odds.
 

Hung Start

Just the cleanup guy
Joined
Sep 12, 2004
Posts
701
Total Time
enough
Its been a long time for me, over 10 years, but I think you still have to report it whether you beat the rap or not. Because if memory serves me right, your drivers liscense is suspended right away, and then you go to court to fight it. So, you have to answer the question as to if you had an admisnistrative action.

Best thing is just don't drink and drive. Do you know where the line in the sand is? I didn't and was just over the line, I'm sure I had driven at much, much worse limits. Your career may be in that last beer.
 

viper548

Well-known member
Joined
Dec 30, 2004
Posts
2,090
Total Time
6800
Hung Start said:
Best thing is just don't drink and drive. Do you know where the line in the sand is? I didn't and was just over the line, I'm sure I had driven at much, much worse limits. Your career may be in that last beer.

That's the thing, you don't know where the line in the sand is. Even if you're below the limit you can get a DUI. A guy I work with was driving somewhere and came upon a group of kids that were standing next to the curb. As he approached, one kid pushed another in front of his car. He had zero time to react and hit the kid. He died. When the police showed up, they gave him a breathalyzer. In this case, my co-worker did nothing wrong. He had not been drinking, but if he had, he probably would have been arrested. The best thing to do is not drink at all if you drive.
 

DeltaLima21

Well-known member
Joined
Jul 21, 2003
Posts
133
Total Time
2500+
FN FAL said:
You're on the right track...Here's some more.

When your buddy got the DUI arrest, he was probably given what the cops called, "a receipt" for his drivers license. That wasn't a receipt...that pink piece of paper was a notice of suspension or revocation. What they don't tell you is that the clock is running and you have like 7 or 10 days to request a hearing to keep your drivers license at least until you have gone to trial and are convicted.

What does this mean in the big scheme of things? I don't know, but if you want to keep your license until you go to trial, that might be an incentive. The other incentive is, if you go to the hearing and keep your license for a year while awaiting your DUI trial, you will not have to report your DUI to the FAA untill the conviction. What difference does a year make? Get an attorney and mull it over with him and make sure he knows about this FAA thing when you see him.

NOT TRUE. you have 60 days from administrative action to notify the FAA. I know this because in 03/2005 I was charged with a DUI. My attorney told me about this, and still FAILED to report it on my behalf after telling me "we got to report this to the FAA right away". 3 months later I get a Letter of Investigation from the FAA saying that it had not been reported. I went to court for it and WAS NOT CONVICTED of a DUI, but still am facing a 30 day suspension on my commercial license. Moral of the story, make sure you get a confirmation that the FAA has received the notice, if you get charged with any alcohol related offense...Or just don't drive after drinking any amount of alcohol.
 

80/20

Crew-Member
Joined
Jul 13, 2002
Posts
201
Total Time
5 Logs
I know of pilots that did not report their DUI/DWI and got caught by the FAA several years later. They had their ATP suspended for a few months.
 

soarby007

Well-known member
Joined
Dec 7, 2004
Posts
176
Total Time
7500
Just to point out, AMC-700, is the security division of the FAA, not the medical division. Checking the block on the medical form is NOT notification.

This has already been noted, but I just wanted to note that the medical form is not the format to report the offense.
 

wrxpilot

The proud, the few
Joined
Jun 26, 2004
Posts
901
Total Time
-
Hung Start said:
Best thing is just don't drink and drive. Do you know where the line in the sand is? I didn't and was just over the line, I'm sure I had driven at much, much worse limits. Your career may be in that last beer.

You're right, you can't get busted if you don't do it. Sure does make it hard for those of us in our 20s-30s that try to have a social life though. Since I started flying, I am super paranoid about getting a DUI. I hardly go out anymore because of it, and certainly not somewhere very far. There's nothing that says you have to drink when you go out, but when I'm playing pool or go to a concert it just seems to go hand in hand w/ the activity. Especially when you're in a state of drunks (FL)! I've never seen so many people that drink so hard. It is major taboo to drink and drive these days, but if most of us were honest I'd wager we've all done it a few times and just got lucky.
 

ultrarunner

Well-known member
Joined
Nov 26, 2001
Posts
4,324
Total Time
10000
heph224 said:
My good friend got a DUI last night and he said that might not tell the FAA. I told him that you have 30 days or so and that you have to indicate it on your medical anyway. I also told him that if the FAA ever fnds out he lied they might suspend/revoke his certificates and not allow him to ever get an ATP since he does have good moral character. My question is as follows: If he notifies the FAA that he got a DUI, will the FAA suspend his certificates????

First of all, tell him to get a GOOD Atty and fight.

If he looses and he's convicted, he's got 60 days to report it. But not till he's convicted.
 

Hung Start

Just the cleanup guy
Joined
Sep 12, 2004
Posts
701
Total Time
enough
Nay, nay,, my friend. Two scenarios here. You are stopped and are tested. Over .08 in most states, your busted. But, you might fight and win. Still, they pull you ticket until the trial. Called an "administrative action", Refuse the test, in most states they will do an "administrative action" to suspend your ticket for 90 days. And, if I recall,, the medical askes if you have had any "administrative actions". Me, I'd blow and try to fight it. Inacuurate results, you were on cold medicines, bad breath, kissed "English" or "Hugh" for an excuse. A really good lawyer may have a shot at this. :) Once again,,, just don't drink if you know you have to drive. You have a better shot of flying and not getting caught. And I know you wouldn't do THAT!!! From there, though, I still think you have to report it, because you had the dreaded administrative action either way. I'm no lawyer, so I may be wrong here. And I'm married, so I know I'm wrong.
 
Last edited:
Top