Law Offices of EJ Stopyro
If you are a pilot who is convicted of an Orange County DUI, a DUI with injury or DUI
by drugs, then Title 14 of the Code of Federal Regulations, Section 61.15
requires you to report the DUI conviction to the F.A.A.. This reporting
requirement also applies to drunk boating as well as any action on your
driver’s license—including a DMV suspension, restriction or revocation. The report of the DUI
or other action must be made within 60 days of the action. Specifically, the
statute requires a pilot to report;
“1) a
conviction of any 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
or suspension of a license for a cause related to the above; and
3) the
denial of a state to issue a license for any cause above listed.”
Moreover, a prior DUI or other reportable action within three years of this
action is grounds for revocation or suspension of a pilot’s certificate. It’s
also grounds to deny a new pilot a certificate for one year following the
conviction. A refusal
to take a blood test or breath test is also subject to discipline.
Under this statute it is CLEAR that a conviction for a DUI in Orange County
must be reported to the F.A.A.. However, a wet reckless is a different story. A wet reckless includes means
that you admit to “consumption of alcohol” or “ingestion of a drug” but it does
NOT admit intoxication, impairment, or even being under the influence.
Therefore, a wet reckless conviction is arguably NOT subject to mandatory
reporting requirements. Thus, if your Orange County DUI lawyer
can get your charge reduced to a wet reckless, this MAY save your certificate,
depending on what happens at the DMV.
The plea to a wet reckless in court is only half the battle. Your DUI attorney must still deal
with the DMV. If you lose the DMV hearing, then the reporting requirements still apply, even
though you were only convicted of a wet reckless. This is because the reporting
requirements will be triggered by the DMV suspension of your driver’s license.
If you are a pilot and you are charged with a DUI in Orange
County it is essential that you contact an Orange
County DUI defense lawyer as soon as possible. For more information call
the Law Offices of EJ Stopyro at (949) 559-5500. You can speak to an
experienced Orange County DUI lawyer
today. The consultation is free and
confidential. Or visit our website at www.EJEsquire.com.
Law Offices of EJ Stopyro
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