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.

License Suspended for DUI? Here’s how to get it back.

 In California if you are over 21 and arrested for driving under the influence of alcohol with a .08 or more the DMV will seek to suspend your driving privileges for up to 9 months administratively, assuming you have no priors, not on probation and submitted to a chemical test at the request of a peace officer.

Assuming you have not been convicted in Court for VC23152 or VC23153, once the suspension goes into effect you can get reinstated with a restricted license, here are the options available to you:

Option 1.  Get reinstated immediately with the installation of an IID and a SR22.  This is a device mounted in your vehicle that requires you to produce an alcohol free breath blow in order to start the car.  This option allows for full non commercial driving privileges that allow you to drive anywhere you want anytime you want as long as you have the IID.  This restriction runs for up to 6 months, after that you can get the IID removed and have your full license reinstated.  You will need to also enroll in an approved alcohol program (AB541 at a minimum), obtain the proof of IID installation DL920, provide proof of financial responsibility by way of an SR22, then visit a local DMV office (appointment recommended) and pay the mandatory reinstatement fee of approximately $145

Option 2.  Apply for an employment/treatment program restricted non-commercial license.  This license allows you to drive only to and from and during course of employment and to and from the DUI classes.  The benefit of this restriction is that is does not require an ignition interlock (IID).  The restriction runs for up to 12 months and requires a 30 day “hard” suspension where you cannot drive at all.  After the 30 days you can apply for the restriction as long as you get enrolled in an approved DUI program (AB541 minimum), obtain proof of financial responsibility (SR22), and visit a DMV office to pay the $145 reinstatement fee.  This restriction lasts for up to 12 months after which time you can get your full license back.

It must be understood that both of the options above assume you have NOT been convicted in Court of DUI or DUI with injury.  If you have been convicted in Court or believe you will be convicted in Court you may have similar options but the period of the restrictions run for a longer period of time.

If you choose not to take advantage of any of the restriction options you can simply ride out the suspension which lasts anywhere from 4-9 months and get reinstated thereafter once you have obtained an SR22 and paid the reissue fee.

Note:  If you have a commercial license you must downgrade to a non-commercial license as your commercial driving privileges will be disqualified for a period of one year.  Also, if you have any other holds such as FTA, child support or negligent operator suspensions then the above restriction options may not be available to you.

If you have any questions call Top California DUI Attorney Matthew Ruff for a consultation direct on his cell phone at 310-686-1533.

Getting Your License Back After A DUI Arrest With a Prior

This article will provide information about how to get your license reinstated after a DUI suspension.  This article is intended for people who have multiple DUI convictions on the record if the DMV suspended your driving privilege based on an APS suspension also known as .08 or more you are eligible to obtain a restricted license immediately with the installation of an IID. With this restriction you can drive any time anywhere as long as the vehicle you are driving is equipped with an ignition interlock device (IID). 

  To apply for this reinstatement of your license, you must do the following:

1.    Provide proof of enrollment in a suitable DUI program. This program is called the SB38 program.  The program is for a period of 18 months.
2.    Provide proof of insurance. This is referred to as an SR 22 document that must be filed directly from your insurance provider to the DMV.
3.    Provide proof of in ignition interlock device, this is done using a DL 924 The IID provider will typically file this directly with the DMV however you may need to present it to the DMV along with your other paperwork. 
4.   You must pay a reissue fee of $125, to the DMV.  Lastly, you must have no other holds or suspensions on your driving privileges for child support or any failure to appear.

Click here for a list of approved DUI classes in Los Angeles 

Once you have satisfied the above requirements you should visit the DMV office, and appointment is recommended. Assuming all of the above have been satisfied you will receive a hard license from the DMV that is very similar to the license you had before your arrest. It is important to understand that this restricted drivers license applies only to the APS  suspension.

California DMV During COVID-19 Pandemic

DUI AB541 and SB-38 Program Enrollment & Counseling

According to DMV sources, DUI program locations are enrolling and scheduling counseling. California is allowing in-person or Telehealth (video) for those following COVID-19 guidelines. AA attendance is taking place online through different web based providers.  It is advisable to check with the classes in your area to determine whether they are participating in the virtual attendance scenario and research and find out which DUI programs in the areas can provide these services. 

California DMV has reopened select field offices to assist customers with transactions for in-person visits, such as DL-920 form (proof of IID installations).

The following 25 field offices a re now open Monday - Friday from 8 a.m. to 5 p.m., with the exception of opening at 9 a.m. on Wednesdays.

California DMV Offices that are open during the COVID-19 Pandemic:

Arleta | Bakersfield | Carmichael | Concord | Fontana | Fresno | Fullerton | Glendale | Inglewood | Lancaster | Los Angeles | Modesto | Montebello | Oakland | Claremont | Palm Desert | Redding | Salinas | San Diego Normal | San Francisco | San Joe DLPC | Santa Ana | Santa Rosa | Stockton | Yuba

During the COVID-19 pandemic, California Department of Motor Vehicles is encouraging customers to use online services, virtual services, and other service channels to complete transactions, including driver license and vehicle registration renewals. 

DMV employees are instructed to maintain physical distancing while serving customers in a DMV field office. DMV staff may direct customers to online services and other available options for transactions that do not require an office visit, New appointments are not currently available. Employees in the remainder of DMV's 170 public offices will provide services through the Virtual Field Office, The DMV plans to open these offices in phases during the coming weeks. 

More information on office openings will be provided on the California DMV website.

If there is no DMV office open in your clients' area, they also may email a scanned copy or picture of their proof of ignition interlock (DL-920) after the install to their provider. Many companies will then fax it to the mandatory action unit (MAU). 

Drivers may still need to contact MAU 

at 916-657-6525 regarding any fees owed.

DMV

P.O. Box 242890

MS - J233-MAU

Sacramento, CA 94290-0001

Convicted in Court? How To Get Your License Back After A DUI

As if the arrest for DUI was bad enough, the frustration in dealing with the DMV in order to get your license reinstated can be even more traumatic.  Remember, the police officer probably took your physical license from you at the time of arrest and you were issued a "temporary license" that you have been driving on since your release.  That temporary license did not have your photo and many entities will not accept it as a valid form of ID.

This article is written to provide critical information necessary for a person to get their official photo license returned following a driving under the influence resolution in Court.  Shortly following the Court resolution you will receive a letter from the DMV titled “Order of Suspension”.  

Here is the step by step process to follow to get your drivers license reinstated:

1. Get enrolled in the appropriate DUI school, bring the referral paperwork you got from Court or you may need to get a DMV printout (sometimes referred to as an H6) and take that to the school you select so they can determine the length and type of program you will need to attend.  Make sure they file the correct form with the DMV, they will sometimes give you the official form which you can file yourself, but you are paying them a fee so they should do it for you.  You generally just need to get enrolled in order to qualify for the reinstatement, however the school will tell you what is required for the proof of enrollment to be filed.
2. Make sure you have an SR-22 filed with the DMV.  An SR22 is nothing more than an official proof that you have the minimum required proof of insurance mandated by the DMV.  You cannot simply send in the little card you got from the insurance company, that will not be sufficient.  The proof must be sent in by the insurance company in order to comply with CA law.
3. Assuming you do not have any prior convictions, decide which option works better for you: Option 1 is to wait out the full 6-10 months and don’t drive.  Option 2 is to get an Ignition Interlock installed in your vehicle, an IID requires you blow into it and have no alcohol for the car to start. The DMV will check to verify the ownership of any vehicles registered to you or any person at the home in which you reside and have access to.  If you do not own any vehicles, use any vehicle or have access to any car at the residence there is a waiver which you can fill you and send to the DMV.  Once installed you can drive ANYWHERE you want but must have it for 6-10 months. Option 3 is get a RESTRICTED license that allows you to drive only to work and school for a period of one year with no IID.
4. You must pay re-issue fees to the California Department of Motor Vehicles.  This fee  ranges from $140 to $240 dollars and must be submitted in order to receive your original license.
5. Ensure you have no outstanding tickets or "holds" on your license such as tickets you never paid, failures to appear and any outstanding child support payments.
6. Lastly, you should be advised a DUI conviction results in 2 points on your DMV record.  If the driving under the influence case involved an accident this could add an additional point.  You are allowed 3 points in 12 months.  However, if you have more than one additional point on your record the Department will suspend you a different way called a negligent operator.  If you receive notice of this you should consult a lawyer immediately as a separate hearing can be requested to challenge the action and possibly avoid the suspension. 

Finally, make sure the administrative hearing process is finalized.  This means if you have a pending APS license suspension hearing scheduled, contact your attorney or the DMV directly to resolve this proceeding.   This article is applicable to first time offenders only and will generally not apply to those who have had a prior DUI within the last 10 years, a prior administrative alcohol suspension either as an adult or minor or are facing a refusal suspension for failure to submit to or complete a breath or blood test at the request of a police officer.  If you had a commercial license you will need to downgrade to a non-commercial.  Other complications can be presented if the person seeking reinstatement is an out of state resident or is unable to comply with the departmental directives due to military involvement.  In these cases you should contact a California DUI Attorney for guidance.

Can A Search Warrant For Blood in a DUI Be Challenged?

Ever since the US Supreme Court announced that forcibly withdrawing blood from a drunk driver is illegal, police all over the State of California have been obtaining search warrants to draw blood in driving under the influence cases.  What I have seen though is many officers are not putting enough information in the warrant affidavits to satisfy the legal requirements of probable cause.  To understand what I am talking about, let’s go into what the law requires for the issuance of a search warrant.

In order for a warrant authorizing a search to be valid the officer seeking it must convince a judge that “probable cause” exists to believe the place or persons to be searched contain evidence of a crime.  Probable cause is generally defined a a “fair probability” that evidence may be found to support a crime.  Probable cause must be established with facts, not conclusions.  What many officers are doing is providing conclusionary statements in the affidavit such as the person was displaying “symptoms of intoxication” instead of articulating the actual observations to let the judge decide.

A “bare bones” affidavit contains nothing more than conclusive statements which lack the facts and circumstances from which a judge can independently determine probable cause. Most affidavits in DUI cases are pre-printed, check the box type forms and therefore officers get lazy in articulating sufficient facts.

As a general rule, a warrant that is issued on insufficient probable cause is subject to a motion to quash.  However, the District Attorney will try to save the warrant by arguing the officer acted in good faith on the judicially authorized warrant and therefore the evidence should not be suppressed.

In response to that argument Counsel should argue that good faith doesn’t apply when the facts show that no reasonable officer would have believed probable cause existed.  This is where the attorney should get into his training and establish he is taught to articulate his or her’s basis to believe probable cause existed, though facts not conclusions.

Torrance DUI Attorney Matthew Ruff has over 25 years experience fighting and winning suppression motions in drunk driving cases throughout California, including Redondo Beach, Los Angeles, Palos Verdes and Manhattan Beach CA.

Can Police Take Blood From an Unconscious DUI Suspect Without a Warrant?

Yes, according to the United States Supreme Court.  In the case of Mitchell vs. Wisconsin the Justices resolved a long standing issue as to whether law enforcement could perform a warrantless blood draw on a DUI suspect if they are unconscious and unable to give valid consent. 

 The facts of the case are not that uncommon:  Police received a report that Mitchell, who was under the influence of alcohol, climbed into a car and drove away. When found, Mitchell was wandering near a lake, stumbling and slurring his words. A preliminary field breath test revealed a BAC of 0.24% and Mitchell was arrested. On the way to the police station for a more reliable breath test, he lost consciousness and was taken to the hospital instead. His blood was drawn and reflected a BAC of 0.22%. After he was charged with drunk driving offenses, Mitchell moved to suppress the blood test results as obtained in violation of the Fourth Amendment. The State relied on its implied consent law to justify the blood draw. The motion was denied and Mitchell's subsequent convictions were upheld in state court. The U.S. Supreme Court granted certiorari. Held: Vacated and remanded. A blood draw is a search of the person. The Fourth Amendment guards against unreasonable searches and generally requires that a warrant first be obtained. However, the exigent circumstances exception to the warrant requirement applies when the compelling need for official action renders a warrantless search reasonable. In drunk driving cases an exigency exists when (1) BAC evidence is dissipating and (2) some other factor creates pressing health, safety, or law enforcement needs which take priority over a warrant application. Both conditions are met when a drunk-driving suspect is unconscious because this creates a medical emergency requiring treatment and will usually involve the drawing of blood anyway. This could delay the application for a warrant which might distort the evidentiary value of a blood draw. There may be an unusual case where a defendant can show that his blood would not have been drawn if police had not been seeking BAC data, and that police could not have reasonably judged that a warrant application would interfere with other pressing duties. Because Mitchell did not have a chance to attempt to make this showing, the case was remanded for this purpose. ( Courtesy of CCAP).

This case will set the tone for state Courts in deciding whether implied consent laws allow for blood draws without a warrant under their individual state statutes.  In California the Supreme Court is currently deciding that issue in the Arredondo Case.

Boating Under the Influence DUI Attorney

In California it is illegal to operate any watercraft on navigable waters while under the influence of alcohol or drug or combination of both.  What constitutes “under the influence “?  The law defines this term as anyone who, because of alcohol or drug intoxication, is impaired to the degree that he or she can no longer operate a watercraft with the caution characteristic of a sober person under similar circumstances.  Knowing when a person reaches this level is a question that a jury ultimately must decide and can be subject to opinion and conjecture.  Matthew Ruff is an authority in the area of casting reasonable doubt on the state’s case in drunk boating prosecutions.

This area of the law is very unique and distinguishable from driving under the influence of motor vehicles.  Matthew Ruff has 25 years experience defending good people accused of crimes involving the misuse of alcohol and he is an expert in cross examination of the arresting officer on sobriety tests and all chemical tests including breath testing, blood tests, urine testing for both drugs and ethanol and preliminary alcohol screening (PAS) devices of all kinds including the Alcosensor 4 and 5.

Regardless of the type of craft, Matt can help.  Jet Ski, fishing boat, he has handled cases of all types. Matt can often go to Court for you, saving you the stress and worries of appearing before a Judge.

 If you or someone you love is facing a BUI in California, any Court, including Long Beach, Torrance, Catalina, Santa Clarita, Kern County, Los Angeles County or any other Court in the state, call Matt for a free case assessment and consultation about the ins and outs of boating under the influence defense and the law.

Matt can be reached on his cell at 310-686-1533.

Can You Beat A License Suspension on a DUI?

In California the law requires that a drivers license be suspended for up to three years if a person is arrested for DUI and completes a chemical test that is above the legal limit or refuses to complete a test upon the request of a police officer.  The DMV requires that a person request a formal hearing to challenge the requisite suspension and prove that the Department’s evidence is insufficient to justify the action. Statewide the success rate in winning a DMV hearing is very low.  However, experienced lawyers often prevail much more frequently.
Below is a recent case where Matthew won the hearing on a zero tolerance DUI probation case because of an evidentiary issue he uncovered in the State’s paperwork.

Arrested For DUI or Criminal Charge on Catalina Island?

Top DUI Attorney on Catalina Island 

In search of a criminal defense attorney that can fight charges brought against you on Catalina Island?  Matthew Ruff can help.  Matt has over 25 years experience fighting all types of criminal charges in California.  Matt is a Top Rated Nationally Recognized Lawyer with unparalleled skills and local connections to ensure you get the best results in your case.  The Court in Avalon is part of the Los Angeles Superior Court System and typically only hears cases every other Friday.  If you were released on the Island and given a date to appear in the future to answer to allegations of Public Intoxication, DUI, Theft, Domestic Violence, Drug Possession or any other misdemeanor or Felony charges call Matt for a free case review and assessment of your options and legal defenses.

               Call Matt Direct on His Cell 310-686-1533

Arrested on Catalina Island?  You Need the services of an experienced criminal defense attorney who can appear for you and fight the charges.  As COVID restrictions ease many people are resuming travel to the island and blowing off some steam having been cooped up for a year or more.  When your vacation results in an unexpected arrest you need an advocate to defend your rights, keep your record clean and save your license.  Criminal Lawyer Matthew Ruff has defended dozens of cases on Catalina ranging from public intoxication, DWI, Drug Charges, Assault, resisting arrest, theft, fishing violations, Domestic Violence and many others.  

Every year thousands of people flock to the Island of Catalina for fun in the sun, fishing, boating and nature.  The land is part of the State of California and law enforcement is provided by the Los Angeles Sheriff.  Criminal statutes are strictly enforced and many folks are arrested and cited for various infractions, misdemeanors and felony offenses.  Matthew defends all criminal violations originating on the Island and the Surrounding Pacific Ocean.  If you have questions about the next steps, wondering if driving a golf cart while drunk is a real crime, or other concerns such as how you are going to find the time to show up in Court, Matthew can help.

During their stay on the island many visitors will rent a Golf Cart to tour the local attractions such as Descanso Beach or Chimes Tower or Avalon Canyon.  The vendors do little to verify your level of intoxication before renting the cart and you drive off for a fun ride.  Unfortunately, if an accident happens and the LASD show up they might smell alcohol on your breath and administer field sobriety tests, if you fail they will arrest you and take you to the local station for a breath or blood test.  In California if a driver is arrested for driving under the influence they are required to submit to a chemical test to determine the alcohol content of their blood, if the officer suspects drugs such as marijuana he or she can also require a urine or blood test in addition to a breath test.  If you are an out of state resident you may decide to refuse all testing, however that can present separate issues with regard to your driving privileges.

If you were arrested for DUI in a Golf Cart in Avalon Attorney Matthew Ruff can help.  Is it illegal to drive a golf cart while under the influence?  Yes, the CA Vehicle Code defines a “vehicle” broadly as any device that is propelled by anything other than human power.  In California it is possible to be charged with drunk driving in a golfcart if you are on a public roadway or a location accessible by the public and are driving when you are a .08 or higher BAC or are under the influence of alcohol or any drug.  Fortunately Matt has 30 plus years experience defending good people charged with these offenses.  For example, Matt was hired recently by an out of state resident arrested for DWI in Avalon while on vacation.  The client searched online and found that Matthew was a local attorney who defended cases on the island.  She hired Matt and was able to avoid traveling back to California for the arraignment.  Matt also recently represented a client charged with Public Intoxication after he was found in someone’s backyard in Avalon extremely inebriated.  After some wrangling with the DA Matt got the case dismissed so it wouldn’t affect the client’s criminal record.

Call Top Rated Catalina Island DUI Attorney Matthew Ruff Directly at 310-686-1533

The Island of Catalina has its own Court which handles all criminal cases originating on the Island.  However, all Felony cases are transferred to Long Beach Court on the mainland.   Other charges such as Public Intoxication, assault, Domestic Violence, Fish and Game Violations including poaching and lobster offenses and drug related charges are also prosecuted by the local District Attorney in Avalon.  The Island also sees a fair number of boating under the influence cases, sometimes referred to as BUI, Matt has extensive experience fighting these cases.  The Court is part of the Los Angeles Superior Court system.

California Vehicle Code 23152 is the applicable law for driving under the influence, the crime is a misdemeanor.  If injury was involved the offense is 23153, this offense can be either a felony or a misdemeanor depending on the severity of the alleged injury.  Matthew Ruff has been successful in many cases to have the charges dropped or reduced if the circumstances warrant such relief.  Most cases involve a breath test and Matt is very knowledgeable in challenging the machine used which is a Datamaster Device.

If you were issued a citation to appear in the Catalina Court the law allows for a private attorney to appear for you, thereby saving needless travel expenses.  Matthew has handled countless cases in the Avalon Court and knows the local DA and Judge that will be Hearing your matter.

Call Catalina Island Criminal Defense Attorney Matthew Ruff Direct at 310-686-1533

Top Tier Catalina Criminal Defense Attorney Matthew Ruff has the experience defending cases in the Avalon Court before Judge Mirich and Deputy District Attorney Karen Brako.  This experience equates to a better result in your case because he knows the individual proclivities and personalities of the decision makers.  For example, in a case involving possession of drugs the lawyer will take a certain approach that has been effective in the past with that kind of case.  In a public intoxication case a distinctly different approach will be taken in order to try an get charges dismissed or dropped.  Hire the law firm that has the 30 plus years of experience getting results for clients charged with exactly the thing you are facing.

Matthew’s experience handling serious cases recently paid off for a client who hired him on a Felony DUI with Injury case out of Catalina.  The client was from out of state and vacationing in Avalon when an accident occurred with the golf cart, causing the ejection of the passenger on to the street.  A breath test revealed a high BAC above .20.  Matt fought the case, both at the DMV and in Court.  He got the felony charges dropped and beat the case at the DMV license suspension hearing. In another recent case Matt defended a young lady arrested for DWI in a golf cart on the island near downtown.  The client refused to submit to a chemical test and was booked.  Matthew fought the case arguing his client was not driving the vehicle at a time her BAC was at or above the legal limit and was able to get ALL CHARGES DROPPED in June 2022, the best part about it is she never had to come to Court!

 If you or a loved one is facing an upcoming case, call Matt directly at 310-686-1533, in many cases he can appear in Court for you, thereby avoiding expensive travel and time off from work.