Pilots need to be on their game. Whether it's a commercial pilot maneuvering colossal aircraft and safeguarding the lives of hundreds of individuals heading for KFLL, or a general aviation pilot shooting an ILS approach at KFXE while soaring over residences, they can't afford to be impaired by alcohol, drugs or medication. The Federal Aviation Administration (FAA) regards pilots with DUIs with utmost seriousness. When an individual exhibits such susceptibility to alcohol abuse that they choose to operate a vehicle while under the influence, the FAA becomes concerned about the potential for alcohol abuse while piloting. In order to ensure public safety, the FAA is obligated to conduct thorough investigations into any pilot who faces a DUI charge.
Consequently, it is mandatory for any pilot arrested for a DUI to promptly report the incident to the FAA properly, enabling them to undertake a comprehensive examination of the circumstances involved.
Sean Clayton, a pilot, holds a deep concern for safeguarding aviators from the repercussions of DUI incidents. At The Law Office of Sean Clayton, PA, our committed attorneys vigorously defend DUI cases in Fort Lauderdale, Miami, and West Palm Beach. Our primary objective is to achieve optimal outcomes for our clients, often resulting in complete dismissal of charges or reduction to the lesser offense of reckless driving.
Our attorneys possess extensive experience handling both the administrative and criminal aspects of cases across Broward, Palm Beach, and Miami-Dade counties. We can provide expert advice on the most suitable course of action for your situation. Additionally, we offer assistance in dealing with the Federal Aviation Administration (FAA).
If you’re a pilot facing DUI accusations, we strongly recommend consulting with a DUI lawyerearly in the process. For further guidance, consider reading our Tips for Selecting a DUI Attorney.
Sean Clayton, DUI Lawyer, in front of a Cessna.
It is difficult to know how to choose the best DUI lawyer for your case. You may find dozens listed in your area. On top of that, there's no way to know if you are getting the best price. First, it is important to understand that all those advertising as DUI lawyers in Fort Lauderdale should be listed Florida Bar attorneys. You can start with the comfort of knowing that they have at least met the State's competency requirements to practice law. To that extent, I trust many of my colleagues. Beyond that, you can look to experience, reviews, and results when looking for the best Fort Lauderdale DUI attorney for you. The Law Office of Sean Clayton, P.A. has written a guide, which can be found below, to help find your DUI lawyer.
Driving under the influence is an inherently perilous act, and its gravity is duly recognized by the law. Consequently, both the general population and pilots are subject to the severe consequences that arise from a DUI offense, including imprisonment, substantial fines, and administrative consequences from the DMV. You may only have ten (10) days to challenge the DMV, so time is of the essence.
However, pilots facing a DUI encounter additional concerns specific to their profession. Failure to adhere to the Federal Aviation Administration's (FAA) reporting guidelines for a DUI could result in the suspension or revocation of their pilot's license. Even if the pilot fulfills their obligation to report the incident and the FAA conducts an investigation, the consequences can still be detrimental. Regardless of the outcome regarding their license, major airlines often enforce policies mandating the termination of any pilot convicted of a DUI. Thus, job security is at risk irrespective of the fate of their license.
When a pilot is apprehended for driving under the influence, immediate action is crucial. Regardless of the conviction outcome, it is essential to report the incident to both the FAA and the employing airline.
The FAA has established two distinct reporting obligations for driving offenses related to alcohol, but these requirements are often misunderstood. The initial reporting requirement is outlined in FAR 61.15, which mandates that pilots must inform the FAA's Security and Hazardous Materials Safety Office of any "motor vehicle actions" or convictions linked to DUIs within 60 days of the effective date. To fulfill this obligation, pilots can utilize an FAA form letter that is available for download on the official FAA website. It's important to note that "motor vehicle actions" encompass not only convictions but also the suspension, revocation, or cancellation of a driver's license.
In several states, when a driver is apprehended for a suspected DUI, their driver's license is immediately suspended administratively. This immediate suspension triggers the 60-day reporting requirement, which begins from the moment the suspension is enforced. Once the case is resolved, a second 60-day report must be submitted if there is a conviction for any violation of federal or state laws related to operating a motor vehicle while under the influence of alcohol or drugs.
The second reporting obligation involves accurately answering question 18v on all future FAA medical applications. This question, along with its accompanying instructions and examples, must be carefully reviewed as it inquires about any arrests or convictions related to DUI/DWIs. It also asks about a "history of any arrest(s), and/or conviction(s), and/or administrative action(s) resulting in the denial, suspension, cancellation, or revocation of driving privileges or attendance at an educational or rehabilitation program." It's important to emphasize that any DUI arrest must be reported, even if there are no subsequent administrative actions or convictions.
It is crucial to remember that both reporting requirements apply regardless of timing. This means that pilots must report any DUI motor vehicle actions or convictions within 60 days, as mandated by FAR 61.15, and also report them accurately on their next medical application. If the next medical application occurs before the 60-day report is made, the pilot must still provide a separate report for the DUI action in addition to checking box 18v on the FAA medical application. To better understand your obligations for reporting, consulting with your DUI criminal defense lawyer is recommended.
Typically, pilots are advised to report their DUI by sending a letter to the FAA's Security and Investigative Division. Following this, the FAA will provide instructions on the subsequent steps to be taken. In most cases, a medical examination will be required to assess if there is an alcohol use disorder that could impair flying abilities. The FAA's response varies on a case-by-case basis, but generally, license suspension or revocation occurs under the following circumstances:
If you or a loved one has been arrested for a DUI in Fort Lauderdale or the South Florida area, it’s crucial to seek a DUI lawyer promptly. The right legal counsel has the potential to help you avoid a conviction or reduce the risk of losing your pilot’s license. At the Law Office of Sean Clayton, PA, our attorney boasts ample experience handling DUI cases. We assist individuals in dealing with their criminal cases across Fort Lauderdale, Miami, Palm Beach, and the surrounding areas. Schedule your free consultation with a Fort Lauderdale DUI lawyer to discuss your situation and explore your options.
If you find yourself in this situation, it is important to contact an experienced DUI lawyer in Fort Lauderdale, Miami, or Palm Beach. They can help you navigate the administrative suspension and the criminal charges you may face. Time is of the essence, as you only have ten (10) days after your arrest or notice of suspension to protect your driver's license and CDL.
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