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Pilots and DUI/DWI

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If you are a Pilot (or training to be a pilot) and you drink alcohol (I don't know many that don't), this article is for you.

Definitions:

D.U.I. - Driving Under the Influence. - This could mean almost anything. While it mostly pertains to alcohol, it can include anything from alcohol, to drugs, to technically even oral sex.

D.W.I. - Driving While Intoxicated. - This is a better description of drunk driving.

Those are the two terms you'll hear if you get charged. They are generally meant to mean the same things. However, as you can tell, they can be different. It really just depends on what part of the country you are in. Here in the south, we use D.U.I. In the Midwest, you'll most likely hear D.W.I.

If you want to save yourself from a big mess, the best thing you can do is not to be drinking and driving in the first place. I know, pretty simple, right?

But in the event that you have a moment of stupidity, there are some things you need to be ready for. And no, it isn't pretty.

IS YOUR FLYING CAREER OVER?

If you're a Pilot, you might ask yourself a simple question. Will I be able to keep flying? Well, the answer is: maybe and maybe not. It depends on how you handle it from here on out. Even if its your first offense, you better be on your game if you want to keep flying.

Disclaimer: I am NOT a lawyer. So, if you screw up, call a DUI lawyer. Then right after that, call a lawyer, specializing in aviation law. This should not be misconstrued as legal advice. But you might want to take my word for it anyway.

Here is what you need to be aware of and some things that you need to be doing.

1.Pilot or not, you have to follow your state laws. You need to find out your time frame for appeals or administrative hearings. You might be able to get your driver's license back (it will most likely be suspended) under an occupational license.

2.Not only are you going to deal with your state laws; if you're a Pilot, you now have to deal with another set of rules from the FAA. They are called the FARS (Federal Aviation Regulations).

Some Questions you may have are:

1.Do you have to report it to the FAA now or later?

2.Can you just put it on an FAA First Class Medical Certificate?

3.Can you just call the local FSDO (Flight Standards District Office)?

Your most important resource is Section 61.15 of the FARS.Section (e) states that you must report €not later than 60 days after the motor vehicle action€. Click Here to read it. It lists the things you must submit to the FAA, Civil Action Security Division in Oklahoma City, not your local FSDO.

This big thing to remember is that section (f) states €Failure to comply with paragraph (e) of this section is grounds for... Suspension or revocation of any certificate, rating, or authorization issued under this part.€

Don't Forget This!

If you are convicted of a DUI/DWI, you have to report it on your medical application. You also have to notify the FAA in Oklahoma City within 60 days of the conviction. Do NOT contact your local FSDO! This is NOT in compliance with the FARS.

Plus...

If you have two separate incidents within a 3-year period, the FAA can and probably will deny an application or revoke/suspend your pilots license.

The Simple Solution

Don't be an idiot! You can avoid everything by not drinking and driving in the first place! I promise that somewhere out there, is a Pilot who will go out drinking tonight and will, at the very least, get themself into trouble.

Don't be that person. Have someone drive you home (who's not been drinking) or call a cab. Live to fly another day.

While drinking and driving is bad enough, drinking and flying is even worse! Both can end careers and even marriages. Not to mention screwing other people's lives up as well. Be better than that! Make the right decision and keep yourself out of trouble.
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