DUI and Commercial Pilot License Revocation

Summary:

A DUI conviction threatens not only personal freedom but also a commercial pilot’s career, livelihood, and financial stability. The FAA enforces stringent regulations under 14 CFR § 61.15, requiring pilots to report alcohol-related offenses within 60 days. Violations trigger immediate license suspension or revocation by the FAA, state DMV, and employers. Unique challenges include simultaneous criminal, administrative (DMV), and FAA proceedings, mandatory reporting obligations, and heightened scrutiny due to aviation safety standards. Pilots face termination, loss of medical certification, and multi-year disqualification from commercial flying, creating cascading long-term consequences for their families and airlines.

What This Means for You:

• Immediate Action: Within 10 days of arrest, request a DMV hearing to prevent automatic license suspension (per state laws like California VC §13558). Simultaneously, notify your aviation attorney to coordinate FAA reporting under 14 CFR §61.15. Delay forfeits critical rights.
• Legal Risks: A DUI conviction risks 1-year FAA license suspension (first offense), lifetime revocation (second offense), and felony charges if flying under influence (49 USC §46306). Aggravating factors (BAC ≥0.15%, accidents, prior offenses) escalate penalties, including mandatory jail time and $15,000+ fines.
• Financial Impact: Expect $10K-$25K in criminal defense fees, $2.5K FAA legal fees, $10K+ in lost wages monthly, $5K-$10K HIMS program costs, 300% insurance premium hikes, and employer termination penalties. Lifetime earnings loss often exceeds $2 million for senior captains.
• Long-Term Strategy: Pursue state DUI expungement, FAA certificate reinstatement via SAP evaluations, and discretionary returns under 14 CFR §61.15(d). Document rehabilitation through alcohol education programs and maintain FAA medical compliance via AME assessments every 6 months.

Explained: DUI and Commercial Pilot License Revocation:

Under FAA regulations (14 CFR §91.17), pilots are prohibited from operating aircraft with a BAC ≥0.04% – half the standard civilian limit. State DUI laws (e.g., Texas Penal Code §49.04) define impairment thresholds at ≥0.08% BAC, but the FAA imposes additional layers: mandatory reporting of any alcohol-related motor vehicle action, including arrests without conviction. This federal-state interplay creates dual jeopardy – pilots face criminal penalties (fines, jail) and administrative FAA actions (license revocation) independently.

The FAA considers DUI a violation of “careless or reckless” conduct under 14 CFR §61.15(a), triggering Certificate Action against Airman Certificates (ATP, medical). The NTSB hears appeals but rarely overturns revocation absent procedural errors. Importantly, FAA sanctions apply regardless of whether the DUI occurred in flight or in a private vehicle, emphasizing aviation professionals’ heightened accountability.

Types of DUI Offenses:

Standard DUI: First-time offenses with BAC 0.08%-0.14% typically result in 12-month FAA license suspensions. Some states (e.g., AZ ARS §28-1381) impose mandatory ignition interlocks – federally reportable under FAA Advisory Circular 61.107.

Aggravated DUI: BAC ≥0.15%, accidents with injuries, or minors in vehicle trigger enhanced penalties – 2-year FAA revocations (14 CFR §61.15(c)) and felony charges in states like Florida (FS §316.193). Pilots may permanently lose type ratings.

FAR Violations: Operating aircraft with ≥0.04% BAC (14 CFR §91.17) or within 8 hours of drinking leads to immediate emergency revocation. The FAA treats this as willful disregard for safety, with NTSB appeal success rates below 15%.

Common Defences for DUI:

Challenge BAC Accuracy: Attack calibration records, breathalyzer maintenance logs (per Title 17 CFR), or blood sample chain of custody. Rising blood alcohol defenses may apply if flying occurred hours after drinking.

Procedural Violations: Suppress evidence from illegal stops lacking probable cause (Delaware v. Prouse). Failure to issue Miranda warnings during interrogations about flight activities invalidates confessions.

Medical Defenses: Acid reflux (GERD) may distort breath tests. Diabetes or ketoacidosis can produce false alcohol biomarkers. Present FAA-accepted medical testimony to counter prosecutors.

Penalties and Consequences of DUI Offenses:

Federal: First DUI: 1-year suspension of all certificates (14 CFR §61.15). Second DUI: Lifetime revocation with possible reinstatement after 5 years via costly HIMS programs. Third offenses: Permanent FAA disqualification.

State: Typical penalties include 6-month jail terms (California PC §23536), $5,000 fines, DUI school (AB541 programs), and ignition interlocks. Convictions remain on DMV records for 10+ years, automatically visible to FAA via NDR.

Employment: Airlines terminate pilots immediately per FAA Amendment 219 (mandatory reporting). Loss of benefits, retirement accruals, and union protections apply. Rehiring requires 10+ years of clean record.

The DUI Legal Process:

Arrest to Arraignment: Post-arrest, pilots face immediate license confiscation and 10-day window to request DMV hearings (per state law). Criminal arraignment occurs within 72 hours, where pleas are entered. FAA reporting deadline starts.

Pre-Trial Phase: Discovery reviews police reports, dashcam footage, and maintenance logs. Motions to suppress evidence (e.g., illegal checkpoint stops) are filed. Plea bargains may reduce charges to reckless driving (“wet reckless”), avoiding FAA reporting.

Trial & Sentencing: If convicted, sentencing includes fines, jail (often house arrest), and mandatory alcohol programs. Within 60 days, pilots must report conviction to FAA Security and Investigations Division, triggering certificate revocation proceedings.

Choosing a DUI Attorney:

Select an aviation-specialized attorney with NTSB/FAA procedural experience. Verify prior case successes using FOIA requests for FAA revocation reversals. Require flat-fee structures ($15K-$25K) covering DMV, criminal, and FAA hearings. Avoid general practitioners – nuanced FAA rules like Appendix I to Part 67 disqualify pilots with substance misuse histories.

Demand 24/7 access for FAA reporting deadlines. Attorneys must coordinate with AMEs (Aviation Medical Examiners) to preserve medical certificates. Local court knowledge is critical – Los Angeles courts allow diversion programs FAA doesn’t recognize.

Other DUI Resources:

• FAA Alcohol & Flying Safety Guide
• NTSB Appeal Procedures

People Also Ask:

Can I keep my commercial pilot license after a DUI?
First-time DUIs don’t guarantee revocation if promptly reported. The FAA may impose 1-year suspensions rather than revocations if pilots complete HIMS monitoring. However, airlines typically suspend employment regardless.

How long does FAA revocation last?
12 months for first offenses, though reinstatement requires SAP evaluations, random testing, and medical recertification – often taking 18-24 months total. Multiple DUIs lead to permanent revocation.

Can you fly internationally with a DUI?
Canada bars entry for DUI convictions within 10 years (CIC Section A36). EASA requires FAA compliance – pilots report sanctions via Annex IV to Regulation (EU) No 1178/2011. Flight assignments to restricted countries may be permanently lost.

Does expungement remove FAA reporting?
No. FAA requires disclosure even for expunged, dismissed, or sealed offenses (Advisory Circular 61-1H). Lying on medicals (FAA Form 8500-8) leads to felony charges.

What if I refused a breathalyzer?
State DMVs impose 1-year license suspensions, but FAA views refusals as equivalent to high-BAC offenses (≥0.15%) due to implied consciousness of guilt (AC 61.107). Criminal charges still proceed.

Expert Opinion:

Navigating DUI charges as a commercial pilot demands immediate specialized counsel to mitigate cascading legal, financial, and career consequences. Strategic coordination between criminal defense and FAA compliance processes is essential – delays or missteps permanently ground careers.

Key Terms:

• FAA DUI reporting requirements
• Commercial pilot license revocation process
• NTSB appeal of FAA certificate actions
• HIMS program for pilots
• FAA medical certification after DUI
• State DMV hearings for DUI
• Aviation attorney DUI defense

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