Previously, I discussed the additional issues Doctors and Nurses face when arrested for DUI. There are not the only professional group whose regulatory body will bring down the hammer following a DUI arrest. The FAA, the Federal Aviation Authotity repsomsioble for governing and licensing pilots, has strict requirements for those arrested and accused of Driving Under the Influence that your DUI Lawyer must be ready to handle.
Duty to Report
Unlike other professions, the Pilot licensed by the FAA has a “duty to report” any DUI arrest . Normally, you are not under a duty to tell your employer anything if arrested for DUI unless you ahave a specific employment contract stating otherwise. If you are a pilot licensed by the FAA however, you must affirmatively report. If you do not, you may run the risk of the Department of Transportation revoking your license via immediate order. If you have any questions about reporting, discuss with a DUI Lawyer.
You will likely need to report to the Civil Aviation Security Division no later than sixty (6) days after your arrest. If you apply for a Medical Certificate with the Aviation medical Authotrity, you need to affirmatively answer yes that you have a criminal charge pending from a driving under the influence arrest. Review the application with your criminal defense attorney to make sure it is completed accurately and appropriately.
Potential Administrative Actions
If you blew a breath test result that was higher than a .08 or of you refused the breath test at all, then you are facing an administrative suspension with the Department of Motor vehicles. Your Florida DUI Attorney will have ten days from the date of your arrest to fight the suspension (and get you a temporary license).
Fighting the administrative suspension is critical for the airline pilot. Having an administrative suspension of your drivers license can result in an emergency order from the DOT suspensing your pilot’s license.
Discuss with your lawyer going “full bore” at this hearing. You are entitled to have witnesses subpoened, all discovery disclosed, and if a breath test reading was taken, your attorney can pull and scrutizine all of the FLDE records and the local agencies mantainence records of the machine. You need to be aggressive with this administrative hearing.
Bottom Line: You Need to Report and Need to Fight
The bottom line is that pilots need to be aggressive and upfront about reporting the different phases of the DUI with the FAA, while at the same time being agressive in court and administrative hearings in order to minimize the damage to the ability to fly. A mistep can result in immediate permanent suspension of the license. You cannot just wait till the criminal case is over.
