San Diego Drunk Driving Criminal Defense Attorney post

April 29, 2008

Reportable DUI/DWI Administrative Actions or Convictions

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Examples of Reportable Administrative Actions (Not a comprehensive list)
Revocation, suspension, or cancellation of driver license for:
Chemical test failure
Chemical test refusal
Administrative per se orders
10-day civil revocations
Express consent revocation/suspensi on
Examples of Reportable Convictions (Not a comprehensive list)
Driving Under the Influence (DUI)
Driving While Impaired (DWI)
Driving with an Unlawful Blood Alcohol Level
Operating While Under the Influence (OWUI)
Note: Under 14 CFR 61.15, all pilots must send a Notification Letter (MS Word) to FAA’s Security and Investigations Division, within 60 calendar days of the effective date of an alcohol-related conviction or administrative action.

Federal Aviation Administration
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
Failure to Send a Notification Letter
Failure to send a Notification Letter within 60 days to FAA’s Security & Investigations Division is grounds for:

Denial of an application for any certificate, rating, or authorization issued under this regulation for up to one year after the date of the motor vehicle action
Suspension or revocation of any certificate, rating, or authorization issued under this regulation.

ALCOHOL OFFENSE REPORTING
Alcohol and piloting don't mix. Student pilots learn operating rules like the "eight hours from bottle to throttle" mnemonic to help remember minimum required intervals. Other details of this subject on which you may be tested include how and when pilots must report alcohol-related motor vehicle violations to the FAA. There are two reporting requirements. Complying with one does not satisfy the need to make the other report—nor are they made to the same FAA officials. Do you know the requirements?

One report is made on an application for an airman medical certificate (download a copy that you can review). See the instructions page for "convictions or administrative action history."

A less-understood reporting obligation appears in the Federal Aviation Regulations (FARs). It requires reporting a "motor vehicle action" not later than 60 days after the motor vehicle action is taken. "One of the distinctions is that this notification must be made to the FAA within a short time after the event occurs and may not wait until your next medical examination. In addition, the notification must be made to the FAA's security office, not the medical office; thus, disclosing this information on the medical application form, which you may have to do also, does not discharge your responsibility to report the information under FAR 61.15," Kathy Yodice explained in the July 2001 AOPA Flight Training's "Legal Briefing" column. See the column for a definition of a "motor vehicle action."

What happens after a report? "The effects of a report, or a failure to report, are serious. If a pilot does report a motor vehicle action, it will automatically trigger a review of the pilot's file to determine if the pilot continues to be eligible for his or her airman certificate (two or more in a three-year period and you are out) or medical certificate (a history of alcoholism). If a pilot fails to report even one conviction or administrative action, that is grounds for suspension or revocation of any pilot certificate or rating he holds. It is also grounds for denial of an application for a certificate or rating for up to one year after the date of the motor vehicle action," John Yodice said in the May 2002 AOPA Pilot column "Pilot Counsel: Flying and Driving."

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