Los Angeles DUI and Pilots

Los Angeles DUI Attorney

DUI and PilotsThere are a number of professions in which a DUI conviction can trigger mandatory penalties or disciplinary action. As one may assume, pilots are one of the classes of professionals for whom a DUI can carry significant consequences. Any pilot who is convicted of a DUI offense is required to notify the Federal Aviation Administration (“FAA”) within sixty days. In addition, a pilot is required to notify the FAA for any alcohol-related driver’s license suspension that may be imposed regardless of conviction. The FAA is automatically notified of all DUI arrests when a pilot is booked at the time of arrest and has his or her fingerprints run through the LiveScan database. Failure to notify the FAA can be viewed as an aggravating factor which may ultimately increase whatever punishment is assessed.

The FAA will take action against a pilot’s license for both DUI convictions as well as any alcohol-related driver’s license suspension that may have been imposed administratively. Thus even if the defendant is not convicted of driving under the influence, he or she still would have to report the incident to the FAA and could potentially be disciplined if his or her license was suspended by the DMV. Because of this, it is critical that pilots request an administrative DMV hearing to contest any potential driver’s license suspension.

If the defendant ultimately pleads to a reduced DUI charge such reckless driving under California Vehicle Code Section 23103 VC or exhibition of speed under California Vehicle Code Section 23109(c) VC, the FAA will not require that the pilot report the conviction. However, the FAA does require that defendants convicted of wet reckless in violation of California Vehicle Code Section 23103/23103.5 VC comply with reporting requirements. Even if the defendant is convicted of a non-reportable reduced DUI charge, he or she would still have an obligation to report any alcohol-related driver’s license suspension that may be imposed by the DMV.

Once the suspension or conviction has been reported to the FAA, the agency will conduct a review and may take action against the pilot’s flying privileges. For a pilot’s first-time DUI incident, the FAA will usually not issue a suspension where the pilot did not refuse to submit to chemical testing or where his or her blood alcohol content was below .15 percent. There may still be numerous procedures that the FAA will expect pilots to adhere to and there may be additional evaluations conducted to ensure that the pilot is fit to fly.

A pilot may also have problems if his or her required medical certificate expires while the FAA administrative review is pending. If this happens, the pilot will likely lose the ability to fly. Because of this, it is important that pilots dealing with potential DUI incidents ensure that their medical certificates are up to date.

If the pilot refused testing or had a BAC of .15 percent or higher, the FAA can take a number of disciplinary actions, including suspending or revoking the pilot’s license or denying certification, rating or authorization to fly.

For a pilot’s second or subsequent DUI conviction or alcohol-related suspension, the FAA will almost certainly suspend or revoke his or her license. Medical certification will also be more difficult to obtain. In addition, many professional pilots who work for commercial airlines or other organizations may face disciplinary action or even termination if they are charged with or convicted of a DUI offense.

A DUI conviction can often restrict foreign travel as well. There are a number of countries, including Canada, that often deny access to visitors with DUI convictions. This would be especially difficult for commercial pilots, who are required to travel to many foreign countries as part of their employment.

If you or a loved one is a licensed pilot or are training to be a pilot, it is absolutely critical that you consult with a Los Angeles DUI Attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Attorney Michael Kraut understands the unique challenges that a potential DUI causes for pilots and works hard to ensure his clients receive the most effective representation possible.

For more information about Los Angeles DUI and pilots, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.