Hartsfield-Jackson is an office, not an airport to pilots who are located in Atlanta. Be it on the commercial flights with Delta, captain corporate jets out of Peachtree-DeKalb or you are accruing hours in the cockpit as a flight instructor, your career lies solely on two things; your ability in the cockpit and your FAA medical certificate.
Being arrested in Atlanta on the DUI endangers both.
Most motorists charged with impaired driving are concerned with the court hearings and premiums but pilots have a dreadful parallel statement: the federal administrative state. To an aviator, a DUI arrest triggers an obscure, high stakes federal reporting mandate that exists entirely without either the Fulton or Clayton County court system.
When you fail to meet these deadlines it is not only that you will be fined or imprisoned but permanently denied the right to fly. This is a unique case in which general legal counsel cannot suffice. What you need is the urgent services of an Atlanta DUI Lawyer who is familiar with the state criminal laws and federal regulations of aviation.
The “60-Day” Ticking Clock (FAR 61.15)
Most pilots make a mistake of thinking that all they have to do is report a DUI to the FAA in case they are found guilty under court proceedings. Careers are terminated on this assumption.
The Federal Aviation Regulation (FAR) 61.15 has a requirement of you to provide a written notification letter within 60 days to the Security and Hazardous Materials Safety office at the FAA on any “motor vehicle action” of the type.
Most importantly, a motor vehicle act is not only a conviction by a court. In Georgia, when a person is arrested on DUI and refuses to take a breath test or blows more than the limit, the officer takes a license and issues a DDS-1205 form. This is the cause of an administrative license suspension (ALS). The FAA regards this administrative suspension as a reportable case.
The clock begins to tick as soon as paperwork has been submitted. When your defense lawyer concentrates on the dragging criminal court schedule and ignores this light speeding federal deadline the FAA has the power to cancel your certificates due to failure to report irrespective of whether you end up acquitted of the DUI.
The MedXPress Trap
The 60-day letter is not the last step in the reporting minefield. Another crucial area of danger to your next FAA medical exam is presented. The question 18v on the MedXPress application specifically inquires about any arrests or administrative actions in regard to alcohol.
It is not a trifle to fail to disclose the arrest on this federal form. It is viewed as making a fraudulent or willfully false statement to a federal agency, a crime that is a felony and carries a possible maximum incarceration of five years in federal prison and all but guarantees that you will never professionally fly again.
Two-Front War should be approached with special strategy.
The local criminal defense lawyer might be a great person to prove reasonable doubt to the local jury, but when he/she does not know the direct impact of Georgia administrative suspension on your FAA certification, he is waging the wrong battle.
To pilots, a good deal at state court (such as a plea to reckless driving, probation) will still mean lengthy grounding under the FAA medical division. It is vital to have a strategy on how to defend on the first day. A DUI Attorney Atlanta pilots believe in will work to:
Appeal the Administrative Suspension Now: Vehemently appeal the DDS-1205 suspension during the 30-day state window to ensure the “motor vehicle action” does not become final and therefore the FAA reporting obligation is blocked.
Liaise with Aviation Counsel: Collaborate with specialty FAA regulatory counsel to make all disclosure properly and in time without recurrent charges of falsification.
Organize the Criminal Defense of the FAA: Negotiate solutions to state court that are less perceived to be severe by FAA medical reviewers.
By the time that you are arrested on DUI, as a pilot, your wings are already clipped. Don’t allow a misconception about the federal bureaucracy to make it permanent. To deal with this crisis on both fronts, you should contact a highly qualified Atlanta DUI Lawyer right now.
