If you hold an FAA certificate and you were arrested for DUI, you now have two fights: the criminal case in court and an administrative review of your flying privileges. The two are linked. What happens in the criminal case, and in the DMV process that runs beside it, largely decides what the FAA sees. This guide explains what you must report, the deadlines, what the FAA looks at, and how to approach the criminal case with your certificate in mind.
We are a San Diego criminal defense firm, not an aviation law practice. We handle the DUI side, and we work with the fact that the FAA will read the result. If you need advice on the FAA enforcement or medical certification side, bring in an aviation attorney as well. The best outcomes come when both lawyers are talking.
TL;DR
- A DUI arrest can trigger up to two separate FAA obligations: a written report under 14 CFR 61.15 within 60 days of a conviction or administrative action, and disclosure on your next medical application. One does not replace the other.
- Under FAA guidance, missing the 60-day report can lead to suspension or revocation of your certificates, or denial of an application for up to one year.
- A DUI rarely ends a flying career on its own, but how the criminal case and the DMV case end shapes what the FAA sees.
- Never hide an arrest. The FAA cross-checks driving records, and discovery on its own is treated far more harshly than a self-report.
- Get a criminal defense lawyer involved before your first court date, and before you file anything with the FAA.
Table of Contents
- The two FAA reports a DUI can trigger
- Why the FAA cares, and what it does next
- Do not try to sit on it
- How the criminal case shapes your certificate
- Commercial pilots and employer reporting
- A practical timeline for the first weeks
- Our perspective
- If you were arrested in San Diego
- Frequently asked questions
- Sources
The two FAA reports a DUI can trigger
Pilots often assume one report covers everything. It does not. A single DUI event can set off two different duties, and they go to two different places.
Report one: the 14 CFR 61.15 notification
Under 14 CFR 61.15, certificate holders must send a written report to the FAA's Security and Investigations Division within 60 calendar days of an alcohol- or drug-related "motor vehicle action." That term covers convictions and also administrative actions, such as a driver's license suspension, revocation or cancellation.
The clock is tied to the action, not to the arrest. Some events produce no reportable action at all: an arrest by itself is not a motor vehicle action under this rule. But one DUI can produce more than one. A license suspension imposed soon after the arrest can start one 60-day clock, and a later conviction can start another. AOPA's pilot legal-services team describes up to three reporting obligations after a DUI-type event: two under 61.15 and one on the medical application.
The stakes of missing the deadline are real. The FAA says that failing to report within 60 days can result in suspension or revocation of pilot certificates, or denial of an application for any certificate or rating for up to one year. Two or more motor vehicle actions within three years is itself grounds for suspension or revocation.
Report two: the medical application
Separately, the airman medical application asks about arrests and convictions. According to the FAA's guide for medical examiners, you must disclose any arrest, conviction or administrative action involving alcohol or drugs on your next application for a medical certificate (Form 8500-8, completed through MedXPress). The question reaches arrests, so it applies even if the case was later dropped.
The disclosure also does not expire. Once you answer "yes" to item 18.v, you answer "yes" on every later application, even after the FAA has reviewed the event and issued a letter. Leaving it off later can be viewed as an intentional omission. The MedXPress instructions warn that intentional falsification may result in federal criminal prosecution and in suspension or revocation of your certificates.
Side by side
| 61.15 notification | Medical application (8500-8) | |
|---|---|---|
| Triggered by | Conviction or administrative action (such as a license suspension) | Any arrest, conviction or administrative action involving alcohol or drugs |
| Deadline | 60 calendar days from the action | Your next medical application |
| Goes to | FAA Security and Investigations Division | The FAA, through MedXPress and your medical examiner |
| Repeats? | Possibly, for each separate action | Yes, on every future application |
Why the FAA cares, and what it does next
The FAA treats a DUI as a signal. AOPA's legal guidance explains that a DUI does not automatically end a pilot's career, but it starts an intensive administrative process. The agency uses the event as a proxy for spotting a possible alcohol or substance problem.
For a single DUI, AOPA says that can mean a psychological evaluation, substance abuse counseling, or documented proof of sobriety. A higher blood alcohol level, 0.15 or above, makes it more likely you will need an in-depth evaluation by an addiction specialist.
The medical standards draw a line the criminal case can blur. Under the FAA's medical standards, substance abuse within the preceding two years, or a diagnosis of substance dependence, is disqualifying. Pilots in that position may need a Special Issuance Authorization, which means showing stability and sustained abstinence, typically for at least two years.
You can see why the facts in the police report and the court file matter. Words and findings that appear in your criminal record are what an FAA reviewer reads.
Do not try to sit on it
The most damaging choice is silence. The FAA regularly checks the National Driver Register to compare driving records against airman records. Per the FAA's reporting guidance, a report filed after the 60-day window but before the FAA finds the incident itself is generally treated as a mitigating factor. Discovery through the agency's own investigation leads to significantly harsher sanctions.
If you are already past 60 days, do not wait for the next medical. Talk to an aviation attorney about a late report now.
How the criminal case shapes your certificate
The FAA reacts to outcomes. That makes the order of events important, and it is why the criminal defense phase matters so much for pilots. AOPA frames the goal this way: resolve the DUI, and also minimize the motor vehicle action consequences the FAA will review.
In practice, that means watching three tracks at once.
1. The DMV process
In California, a DUI arrest starts a separate administrative case against your driver's license, with a very short window to request a hearing. A license suspension is an administrative action. That makes it potentially reportable to the FAA, regardless of the court outcome. Challenging it, or negotiating its terms, is part of protecting your certificate. Our pages on the DUI DMV hearing, DMV administrative hearings and avoiding a license suspension in San Diego explain the deadlines and options.
2. The charge and its resolution
A dismissal, a reduction or a not guilty verdict changes what exists to report as a conviction. We would not promise any of those outcomes, and each case turns on its facts: the stop, the testing, the chain of custody, the officer's observations. What we can say is that a defense built only to "get it over with" quickly can leave a pilot with a record that causes a bigger problem in Oklahoma City than in San Diego.
The type of DUI also matters. Drugs, including prescription medications, are a separate charge from alcohol, and our page on drug-related DUI covers how those cases differ. A second DUI or multiple DUI offenses raise the stakes sharply, partly because two motor vehicle actions inside three years is a stated ground for FAA action.
3. Alternatives to a conviction
Where the facts and the law allow, a diversion program may resolve a case without a conviction. Eligibility is narrow for DUI and depends on the charge and the person, so ask before assuming. If it applies, it changes the record the FAA reads. Any treatment component should also be discussed with your aviation counsel, since the FAA reviews medical history too.
Commercial pilots and employer reporting
Airline and commercial pilots face a second audience: the employer. Many carriers and flight departments have their own policies requiring you to tell them about an arrest. Check your employment agreement, union contract and company manual before you speak to anyone at work, and talk to counsel first about what you say and how. The FAA also publishes a prompt settlement policy for commercial pilots in drug and alcohol testing cases. That policy concerns workplace testing cases, not a DUI arrest off duty, so do not assume it applies to you without legal advice.
If your career also depends on a commercial driver's license, see our page on CDL DUI defense. Holding a pilot certificate and a CDL multiplies the number of agencies watching the outcome.
A practical timeline for the first weeks
- Day one. Do not discuss the arrest with employers, flight schools, or on social media. Write down everything you remember about the stop while it is fresh.
- First days. Contact a criminal defense attorney. In California, the license hearing deadline is very short, so do not wait for your court date.
- Before your first court date. Ask your attorney and an aviation attorney to coordinate. Agree on what will be filed, and when.
- When any administrative action or conviction takes effect. Calendar 60 calendar days from that date for the 61.15 letter. If there are two actions, calendar both.
- Before your next medical. Expect to answer "yes" to the arrest question and to have documents ready: court records, the DMV records, any evaluation.
- Afterward. Keep copies of everything you send. Keep your answer consistent on every future application.
Our perspective
We see pilots make the same mistake again and again: they treat the DUI as a traffic problem and the FAA as a later problem. In reality the sequence runs the other way. The FAA will read whatever the court and the DMV produce, so the work has to start with the end reader in mind.
Our approach at the Law Office of Logan Noblin, APC, is to build a client's story carefully, and for a pilot that story has to hold up in two rooms: a courtroom here, and an administrative review that never meets you in person. We look hard at the stop, the testing and the paperwork, and we talk openly about what a plea would mean for a certificate before anyone agrees to one. Where it fits the facts, we also look for pre-charge intervention and diversion options.
We also tell pilots plainly what we are not. We do not replace an aviation attorney on the 61.15 letter or medical certification. We make sure the two lawyers have what they need from each other.
— Logan Noblin
If you were arrested in San Diego
We defend DUI cases across San Diego County, from first-time DUI charges to repeat offenses, and we handle the DMV side too. If you hold an FAA certificate, tell us in the first call, so we can plan around your reporting dates and your next medical. You can reach us through our DUI defense page.
Frequently asked questions
Does an arrest alone mean I have to send the 61.15 letter?
Not necessarily. That rule is triggered by a conviction or an administrative action, such as a license suspension, revocation or cancellation. An arrest by itself is not one. The medical application is different: it asks about arrests too, so you still have to disclose it on your next application.
Can I still fly after a DUI arrest?
There is no blanket rule that grounds you the moment you are arrested, but your medical eligibility can be affected, and your employer may have its own policy. Do not fly if you are unsure whether you meet medical standards, and ask your aviation attorney before your next flight.
Do I have to report a DUI that was dismissed?
A dismissal can change whether there is a conviction to report. Even so, the medical application asks about arrests, so the arrest is disclosed on your next form. Whether a 61.15 report is owed depends on whether a reportable administrative action, such as a license suspension, occurred. Have both lawyers review it.
What if I missed the 60-day deadline?
Act now. The FAA generally treats a late self-report filed before the agency finds the incident as mitigating, and it treats discovery through its own investigation much more harshly. Contact an aviation attorney before sending anything.
Can I get a pilot certificate with a DUI on my record?
Possibly. A DUI does not automatically bar you, but the FAA will review it and may require evaluations or proof of sobriety. Substance abuse within the past two years, or a dependence diagnosis, is disqualifying under the medical standards.
Sources
- FAA: Airmen and drug- and/or alcohol-related motor vehicle actions
- FAA Guide for AMEs: Item 18.v, history of arrests, convictions and administrative actions
- FAA Guide for AMEs: Synopsis of medical standards
- FAA MedXPress instructions
- FAA: Prompt settlement policy for commercial pilots
- AOPA: Navigating a DUI
- AOPA: FAA reporting obligations following a DUI-type event