DUI arrest and FAA reporting

[Walkin]

Hello,
I had a friend, who is a poffesional pilot, that was recently arrested for a DUI. They voluntarily submitted to a blood test. His drivers liscense was NOT suspended and he has not been convicted of anything yet. The FAR that deals with this is 61.15. It states that manitory reporting must be done if your drivers license is suspended, your convicted or if your denied a certificate. I interprate this to mean he does NOT have to report the arrest and only has to report a conviction and/or drivers liscense suspension. Is this correct?

After doing a lot of redearch, there seems to be conflicting information. Does anyone know the answer to this?

Thanks

[Walkin]

So would you agree that he would NOT have to report the arrest itself? I interpret 61:15 to only require reports if convicted, an "administrative action" is taken on you (License suspension, revoking or refusal of a breath and/or blood test).
He took a breathalyzer and it was completely clean. He is waiting on the blood test results now but they have NOT revoked his drivers license.

He is now just waiting for the pre-trial. I have posted the parts of FAR 61.15 below. Does anyone think, after reading this, that he would be required to report the arrest at this point?

Again, if he ends up loosing his drivers license or is convicted of the DUI, he would of course have to report it. But does he need to report the arrest yet at all? And if he never is found guilty and never has his drivers license taken away, I don't see where he would be required to report anything to the FAA. Is that correct?
I've searched online and can't find any clear answer to that. I have even asked a couple aviation attorneys and one said report, the other said you don't have to report unless you loose your drivers license or are convicted of DUI.

Does anyone know with certainty the answer? Are you guys interpreting FAR 61:15 the same way as I am?

Thanks for your help! Below is FAR 61:15 to reference....

§*61.15***Offenses involving alcohol or drugs.

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(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(b) Committing an act prohibited by §91.17(a) or §91.19(a) of this chapter is grounds for:

(1) Denial of an application for a certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that act; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(c) For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:

(1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;

(2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or

(3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.

(d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(e) Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC–700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:

(1) The person's name, address, date of birth, and airman certificate number;

(2) The type of violation that resulted in the conviction or the administrative action;

(3) The date of the conviction or administrative action;

(4) The State that holds the record of conviction or administrative action; and

(5) A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.

(f) Failure to comply with paragraph (e) of this section is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

§*61.16***Refusal to submit to an alcohol test or to furnish test results.

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A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with §91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with §91.17(c) or (d) of this chapter, is grounds for:

(a) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that refusal; or

(b) Suspension or revocation of any certificate, rating, or authorization issued under this part.

[MarkerInbound]

Here's an idea, check the FAA web site:

Frequently Asked Questions (http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi/airman_faqs/)

What might cause confusion is that there are two different reports required. Per 61 if an "action" is taken against his driver's license, that has to be reported in 60 days. If the license is suspended and there is later a conviction, both have to be reported. But Part 63 has its own requirements. When he applies for his next medical, he will have to report the arrest.

[Walkin]

Thanks for the link MarkerInbound. I have actually already looked at that. I realize an arrest must be reported on his next medical exam. I'm wondering, however, if a report to the FAA is required right now. I can't find anywhere that says it is but one of the attorneys he's talking to keeps insisting a report is required. Again, my friend has not been convicted yet and has not had his drivers license revoked.

Thanks to those who have given their opinions! Greatly appreciated...anyone else have knowledge of this?

[MarkerInbound]

The AOPA magazine's lawyer's column had an article a couple of years ago about DUI reporting. There are three events that require a report to the FAA within 60 days. 1) If the drivers license is suspended 2) If there is a conviction 3) If a license is not renewed due to an alcohol "event". What often happens is the license is often suspended (requiring one report) and then there is a conviction which requires another report. Since you say none of the three trigger events has occurred yet, no report is required.

AFSKAP,

The requirements for those who have to hold a medical certificate (pilots, some CFIs, F/Es) do require them to report arrests on the medical form, which is a separate report from those required under Part 61. The AOPA mag article said the FAA has pulled more certificates for incorrect reporting than for the underlying alcohol event.

[stilton]

Before admitting anything get some professional advice. If your friend is represented by a union at work (ALPA for example) call their aeromedical department.


They have to honour confidentiality unless flight safety is concerned, in this case I would say not.


An arrest is merely an accusation, without a conviction it means nothing.


Alternatively try calling his / her AME, this call could even be made anonymously.