The airline industry is highly regulated by the federal government. For a pilot, getting a DUI can ground your career.
FAA Reporting Requirements
As a pilot, you are required by the Federal Aviation Agency to report your DUI motor vehicular offense within 60 days of the arrest under 14 C.F.R. § 61.15(e) . According to the FAA:
A notification letter must be submitted within 60 days from the effective date of a driver license suspension. This includes a suspension based on either failing a blood/breath test OR refusing to submit to a blood/breath test regarding an incident of operating a motor vehicle under the influence.
A second notification letter is required if the airman is later convicted for driving under the influence or any other charge related to driving a motor vehicle while intoxicated. This notification letter must be submitted within 60 days of the date of conviction.
You can submit the notification letter online using their standard form or mail/fax your own letter to:
Mail:
Federal Aviation Administration
Security and Hazardous Materials Safety Office (AXE-700)
P.O. Box 25810
Oklahoma City, OK 73125
Fax:
(405) 954-4989
Reporting Requirements for Medical Certificates
All drug- and/or alcohol-related arrests must be reported whenever the next application for medical certificate, FAA Form 8500-8, is made. Depending on your history and on the details of your case, a DUI may be grounds to refuse issuance of a medical certificate especially if there are severe injuries caused, a high BAC or if you have prior drug/alcohol arrests.
What happens if you fail to report a DUI arrest?
You won’t be able to hide it for long. The National Driver Register (NDR) releases information about your driving record to the FAA. Once they find out, the FAA will begin a formal investigation.
Failure to send a notification letter to the FAA’s Security and Hazardous Materials Safety Office, Regulatory Investigations Division (AXE-700) within the allotted 60 days , is grounds for:
- Denial of an application for any certificate, rating, or authorization issued under this regulation for up to one year after the date of the motor vehicle action
- Suspension or revocation of any certificate, rating, or authorization issued under this regulation
Consequences with Private Companies
Private companies have their own standards as to who they will hire to pilot their planes. Even if it is your first DUI offense and you are clear with the FAA and obtain a medical certificate, airlines and other private companies will see you as a risk. Imagine the bad press and legal turmoil they would be in if a pilot who previously had a DUI had an accident.
Keep in mind that anyone with a phone can access your DUI record instantly using one of the many background check apps. The optics of hiring a pilot with a DUI is just not good business for them.
Look at it from an HR point of view: you have two applicants, both have similar experience but one has a DUI. Who are you going to trust to fly your plane?
Consequences from Choosing the Wrong Attorney
Because of the nature and sensitivity of a DUI case for a pilot, it is very important that you choose the right attorney. If your attorney does not know the proper requirements, you can get in a lot of trouble.
On one popular Airline Pilot forum, some users shared their experiences with dealing with a DUI as a pilot:
I was arrested as a student midway through my training on a DWI. It was three weeks after I had turned 21, I didn’t know my limits, and made a decision that may have ruined my life, but more importantly could’ve ruined someone else’s. Lucky it did not, and I was stopped for a failure to keep right. When I was arrested I called a friend who was a lawyer, he was not familiar with aviation law and I completely forgot the FAR’s. He advised me not to take a BAC test, and I did not. This was a massive mistake.
Don’t make this mistake. Don’t jeopardize your career just to save a few dollars on attorney’s fees. At The McShane Firm, over 70% of our clients are professionals like you. We understand what is at stake here. We understand that above all you want to protect your career. We are all professionals as well and have families like you do. We care about how this issue will affect you today and down the road.
Pilots like you have chosen The McShane Firm because of our experience and scientific knowledge. They found us to be a life saver for them in a critical time.
If you want to save your career then call us today at 1-866-MCSHANE for your free case consultation.
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This is our promise to you. Call today to get us on your side: (717) 657-3900.
