Frequently Asked Questions by Pilots Regarding FAA Reporting of DUI Arrests and Convictions - California DUI Law and Legal Information

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Do I have to report anything other than alcohol related convictions?
Yes, under 14 CFR Part 61, you must report alcohol related administrative actions, whether a conviction took place or not. Administrative actions and convictions are also reportable under Part 67, the airman application for a medical certificate. This means that a pilot arrested for driving under the influence (DUI) or driving with a blood alcohol level of .08% or greater (DUI) must report the arrest to the FAA. With respect to the FAA's requirement of reporting "administrative actions," a pilot should report any action by the California Department of Motor Vehicles of a license suspension action for driving with a blood or breath alcohol level of .08% or greater. However, an alcohol related arrest does not have to be reported according to the FAA.

If the charge of Driving Under the Influence (DUI) is reduced to Reckless, Careless, or Negligent driving by the court, do I have to report it?
No, the FAA does not consider a conviction for Reckless, Careless, or Negligent Driving a reportable motor vehicle action (MVA). However, a pilot must report the first suspension, if any. However, a pilot arrested or charged with reckless driving with alcohol involved in violation of 23103 within the meaning of 23103.5 of the California Vehicle Code should report the arrest or conviction to the FAA.

How long does a pilot have to report my alcohol-related motor vehicle action (MVA)?
A pilot has only 60 days from the effective date of the administrative action (driver license suspension, revocation, or cancellation) or conviction. (The 60-day period does not begin with the arrest date.)

What happens when I report an alcohol related MVA within the 60 days stemming from a California DUI related conviction or California DMV license suspension action?
When a pilot reports an alcohol related MVA the FAA will compile a case file, verify airman status, obtain a driver history from the state maintaining the record, and compare the information from the Notification Letter sent by the pilot to the information on the California DMV driving record.

A pilot's file will be closed if is it determined that the pilot was notot in violation of 61.15(d) (two MVAs within three years), the action is disclosed on your Application for Airman Medical (if applicable), and if the pilot complied with 14 CFR 61.15(e) (Submiting a Notification Letter to the FAA).

What should be done if a pilot has received an alcohol related MVA such as a California DUI related conviction or California DMV action, but failed to report it within the 60 days?
Report the MVA as soon as the pilot becomes aware of the reporting requirement. A written report received after 60 days, but before we discover the MVA, is normally considered a mitigating factor when determining sanction.

What happens if a pilot fails to report an alcohol-related MVA and FAA finds out about it?
FAA begins a formal investigation and will send a Letter of Investigation giving the pilot an opportunity to respond, in writing, to the alleged violation(s).

Will FAA discover that a pilot has an alcohol related MVA such as a California DUI related conviction or California DMV action if not reported?
Yes, FAA Form 8500-8 "Application for Airmen Medical" contains an express consent provision which authorizes the National Driver Register (NDR) to release information about your driving record to FAA. Information on the NDR record will contain pointers to states that keep a driving history on pilots. FAA will get these records to determine if a pilot has a reportable alcohol-related MVA.

Who has access to the records kept by the DUI/DWI Compliance Program?
Only investigators assigned to the DUI/DWI program have access to the information files.

If a pilot has more questions, how can the FAA be contacted for more information?
A pilot may contact a DUI/DWI investigator Monday through Friday from 8:00 a.m. to 4:30 p.m. CT at (405) 954-4848. Please Note: The pilot must send a written notification of an alcohol-related MVA. A pilot may not give this information by telephone.