What Reporting Requirements are there for a Pilot arrested for DUI?

For most folks a DUI can have very severe consequences, however if you are a pilot the ramifications can be devastating.  Top Torrance DUI Lawyer Matthew Ruff has over 30 years defending airmen and commercial pilots on drunk driving charges and DMV suspensions stemming from a DWI arrest.  The arrest can be very worrisome and scary for a pilot due to the stress of the possibility of losing his or her job and career.  Matt understands this and fights the underlying driving under the influence charge in criminal court and at the CA Department of Motor Vehicles.  In order for Matthew to fight both cases effectively, he must be hired early in the case.  If a pilot waits too long to hire an attorney, he or she may prejudice the case and decrease the chances of saving their pilot’s license with the FAA.

Pilots are required to report the incident in a variety of ways.  There are three primary reporting obligations, and something the pilot will need to start in certain cases.

1. A Pilot needs to report any administrative license sanction based on operation of motor vehicle (suspension, revocation, or other deprivation of driver’s license/driving privilege) within 60 days of date of ALS to Civil Aviation Security in Oklahoma City.  If ALS happens on arrest, that starts the clock, even if later stayed by court or licensing agency.
2. The Pilot needs to report DUI conviction within 60 days of date of conviction to Civil Aviation Security in Oklahoma City.
3. The Pilot needs to report the fact of a DUI arrest on AME exam (Airman’s Medical Exam), regardless of whether any thing happened after the DUI arrest (case rejected, diversion granted, no charges filed, tested under legal limit, blood tests returned .00 on everthing).

 

Each report is independent of other reporting obligations.

 

As a practical matter, once FAA (Civil Aviation Security in Oklahoma City or FAA Flight Surgeon/Medical) becomes aware of the DUI arrest, pilot clients typically go into FAA limbo where FAA lets pilot know FAA can’t “establish your eligibility to hold an airman medical certificate at this time” based on the answers to AME questions or reporting of ALS or conviction.  FAA will require a response to determine eligibility to fly.  If, and only if, it is a pilot’s first DUI in his or her lifetime, and airman submits to the chemical test, and chemical test results are below .15, airman’s AME examiner will be able to issue the airman’s medical certificate at time of AME exam so long as airman supplies all the information listed on the attachment to the AME physician.  As such, make sure you have this available.

 

If it is a pilot’s 2nd DUI in their lifetime, and/or if airman tested .15 or above, and/or if airman refused chemical test, airman will “need to submit complete copies of a current Substance Abuse Psychiatric evaluation performed by a Human Intervention Motivation Study (HIMS) psychiatrist, in accordance with the psychiatric portion only of the enclosed specifications. Please note that the evaluation must address your complete alcohol related history of usage and all offenses, and should include copies of all testing performed with a final diagnosis. All materials provided to FAA must also be provided to and commented on by the HIMS psychiatrist.”  This psych evaluation isn’t quick, and if pilot has an ATP license (which requires an AME exam every six months), the pilot needs to start building his or her file and working on the psych evaluation to avoid a lapse in the license.

So what should a Pilot do if he or she has been arrested for DUI in California?  First, understand that your driver’s license will be suspended administratively unless immediate action is taken to stay the suspension through the DMV.  If you ignore the APS and your driving privileges are suspended that triggers a reporting requirement, even before you go to Court.  Call Matthew immediately so he can stop the suspension from going through. 

What about a charge reduced to a “wet reckless” ?  The short answer is a plea to any reduced charge other than DUI or driving above the per se level is going to put the pilot in a better position to defend their pilot’s license with the FAA.  However, even if the DWI is reduced, if the airman loses his or her drivers license at the CA DMV reporting is mandatory.  Therefore, an aggressive two-part strategy is essential in order to put the pilot in the best position to keep flying.  Over the last 25 years Matt has defended drunk driving charges for licensed pilots with great success.

A DUI can be a life changing event for many commercial pilots.  California DUI Attorney Matthew Ruff has over 30 years defending driving under the influence cases for clients.  Matt can be reached on his cell at 310-686-1533.

DUI Attorney For Airline Pilot

If you were arrested for DUI in California and you fly for a living Matthew a Ruff can help.  For 30 years he has been defending clients charged with driving under the influence, many of whom were pilots who faced the loss of their pilot license by the FAA.

A drunk driving arrest will be treated differently depending on what you do for a living.  If you are a commercial pilot a DUI can be devastating if not handled properly.  The FAA dictates the rules for pilots and what they do outside of work can also be considered.  If you fly for a living your company may also take action against you.  Here is what you need to know right now:

First, an arrest for driving under the influence is just an allegation.  Until there is some adjudication of guilt by a Court or governmental agency it remains an accusation only and you have rights.

What about Mandatory reporting requirements?  Yes, there are specific requirements to report a DUI conviction or administrative license suspension to the FAA.  Specifically, under 14 CFR 61.15 all pilots are obligated to report the incident to the FAA.  However, that only applies if you are convicted or your drivers license is actually suspended.  If you hire an attorney within 10 calendar days of the arrest an actual suspension of your drivers license can be avoided pending a hearing on the issue.

The first thing to do is hire a professional to assist you.  A DUI arrest for a pilot is not the type of thing you can handle DIY.  Find a lawyer local to the area where you were arrested.  The attorney should be well versed in the consequences a conviction will have on the pilots license and his job.  Immediate action must be taken to avoid a mandatory suspension of the drivers license on an administrative level as a suspension from the DMV may trigger a mandatory duty to report the incident to the FAA.

Attorney Matthew Ruff has represented many pilots for DWI and alcohol related offenses in the last 20 years with remarkable success.  Here are two recent examples of cases where Matt achieved phenomenal results.

Case example 1:  Matthew was retained by a pilot living in the South Bay after he was arrested in Redondo Beach for DUI.  He was caught up in a sobriety checkpoint and was arrested after the officers detected an door of alcohol on his breath, poor performance on FST's and slurred speech.  He took a breath test that reported his BAC to be .10 percent, .03 higher than the legal limit in California of .08 or more.  Matt immediately contacted El Segundo DMV Driver Safety for a hearing and demanded a stay of the suspension of his driving privileges.  He obtained the reports and evidence and carefully scrutinised them for evidentiary issues.  He was able to uncover problems with the test and worked with his toxicologist to build a Defense.  He used that strategy to negotiate a dismissal of the DUI charges in Torrance Court and subsequently obtained a set aside of the administrative suspension of his license.

Case example 2:  A commercial pilot was arrested in Long Beach for public intoxication after he was contacted by police leaving a bar on Pine.  He spent the night in jail and was released with a Court date.  He hired Matthew who immediately understood the consequences this would have on the client's job and FAA licensing.  Matt reached out to the local prosecutor and ultimately all charges were dropped prior to any Court date.  This resulted to no arrest record that could hurt the client's employment or pilots license.

If you are a pilot facing a criminal offense in California, Los Angeles, Redondo Beach, Torrance, Manhattan Beach or anywhere else, contact Matthew at 310-527-4100 for immediate help and advice on what to do.  Read about other cases where Matthew Ruff wins dui for pilot in Southern California.