Expert: D. Norkus - 7/6/2009

Question
Dottie
I just read your write up on dwi and after reviewing it I had some questions.  If I was arrested for a dwi, and refused the breath test am I subject to CFR61.16?  I am just starting this process and have not nor probably will be convicted for DWi, but my right to operate a vehicle will be suspended for a period of time for refusing the test.  If by some chance of luck, my right is not suspended and I am not convicted do I still need to report this?  Thanks for your attention.

Answer
Bob

Yes, you must report alcohol-related administrative actions, whether a conviction took place or not. You said you were arrested for a DUI. You said that you refused a breath test resulting in the "administrative action" of your drivers license being suspended for a period of time. Administrative actions and convictions are also reportable under Part 67, the airman application for a medical certificate.

Your refusal and the administrative action of a drivers license suspension are covered in the FAA Airmen DUI/DWI reporting policy which states:

Under 14 CFR 61.15, all pilots must send a Notification Letter to the FAA’s Security and Investigations Division within 60 calendar days of the effective date of any alcohol-related conviction or administrative action. An airman’s driver license may be suspended at the time of arrest for riving under the influence of alcohol for either: Failing a blood/breath test or Refusing to test.

The FAA requires an airman Notification Letter for any suspension, followed by a second Notification Letter IF that alcohol related offense results in a conviction.

http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/invest...


Also, you should know that failure to send a Notification Letter within 60 days 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

Your application for an airmen medical contains an express consent provision which allows the National Drivers Registers (NDR) to release information about your driving record to the FAA. Therefore, this is not something you should try to skirt around. You might call the FAA anonymously at (405) 954-3212 and ask to speak to a rep in their Security and Investigations Division. I also suggest contacting a lawyer that specializes in aviation. Search for these words formatted exactly like this and you will get a lot of results:

[Aviation lawyer] + DUI

Hope this helps,

Dottie