Special Considerations for FAA License Holders

The FAA has set standards that require anyone who holds a pilot's license issued by the Federal Aviation Administration (FAA) and is arrested for driving under the influence of alcohol or drugs, or driving while intoxicated is required to report any criminal conviction or DMV administrative action to the FAA within 60 days.

The FAA has listed the actions that must be reported within 60 days as follows:

• DUI / DWI court conviction
• Revocation, suspension, cancellation or restriction of driving privileges
• Administrative Per Se orders
• 10-day civil revocations
• Express consent revocation/suspension of driving privileges

The only way to avoid making a report to the FAA is to avoid a drunk driving conviction altogether. Any Department of Motor Vehicles action must be reported and every conviction must be reported. Therefore, even if a person pleads guilty to a lesser charge, in most cases that will be a conviction that requires reporting. An experienced criminal defense attorney will be required to aggressively defend the cliet both at the DMV hearing and the criminal court case when drunk driving is involved.

Upon notification of a driving under the influence court conviction or the results from the DMV hearing, it is probable that the Federal Aviation Administration will require the pilot to submit to a substance abuse or psychiatric evaluation. The results of the evaluation will determine whether the FAA will require a license-holder to enroll in a substance abuse treatment program, submit to close monitoring by the FAA, or take random drug or alcohol tests, or possibly a combination of the three penalties described..

Though a pilot will undergo an evaluation and possibly face other remedial punishments, typically, reporting a DUI / DWI conviction or driver's license suspension to the FAA will not result in a revocation of a pilot's license. However, if a pilot fails to report these actions in a timely manner, the FAA may move to suspend a pilot's license or refuse to renew it when it expires.

Not all FAA license-holders fall within these reporting requirements. FAA license-holders who are not required to submit a medical certificate, such as aviation mechanics, are not required to report actions that stem from a drunk driving arrest.

To comply with the reporting requirement, simply send a notification letter to the FAA's Security and Investigations Division within 60 calendar days of the effective date of a drunk driving court conviction or the DMV hearing resulting from a driving under the influence arrest. Any questions in this regard may be handled by a California DUI / DWI criminal defense attorney.

Federal Aviation Administration
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125