Pilots charged with a DUI/DWI offense while operating a motor vehicle
face legal obligations with the FAA in addition to the potential risks
under the laws of the state in which the DUI/DWI occurred.
Unfortunately, many of them never realize these potential obligations
exist and they end up failing to meet the requirements the FAA has placed
on all pilots. The end result is that the airman certificate
and medical certificate are jeopardized.
Because
Mr. La Neve is an aircraft owner and pilot, he knows the value of the
time and expense invested in obtaining an airman certificate and in
owning an airplane. His West
Virginia DUI defense practice has made becoming well-versed on pilot
DUIs a natural fit. In addition to handling DUI defense, Mr. La
Neve also represents pilots in FAA enforcement actions, those cases
in which the FAA is seeking to take action against a pilot’s license
or medical certificate.
The
quick advice we offer is that if you are a pilot and
suffer a DUI conviction or a driver’s license suspension,
you must make appropriate reports and disclosures
to the FAA. The
reporting
obligation arises under 14
CFR 61.15(e), or FAR 61.15(e) as pilots commonly refer to sections of the
Federal Aviation Regulations.
As well, that information must also be disclosed
in block 18.v. of the Application for Airman Medical
Certificate every time the pilot renews his or her
medical, whether 1st, 2nd, or
3rd class.
Failure to honor these obligations can result in suspension,
revocation, or denial of an airman certificate or a medical certificate.
Interestingly, depending on the specific circumstances of any
given case, this punishment can be worse than what would have happened
to the pilot had he or she simply made the required disclosure in the
first place.
Remember, the FAA does not care if you were unaware of the
reporting and disclosure obligations and will punish your failure to
abide by your responsibilities. In
order to avoid the hazards associated with your reporting and disclosure
obligations, review the following information and familiarize yourself
with information that is important for you to understand when dealing
with the FAA. Of course, Todd La Neve is available to assist
you in fulfilling those obligations.
Frequently Asked
Questions about Pilot DUIs
Sample
Letter for FAR 61.15(e) reporting
(PDF)
Sample FAA Application for Airman Medical Certificate
61.15
Offenses involving alcohol or drugs