Got A Dui And The Faa Wants To Suspend For 120 Days

[COMINGBACK]

I got a DUI 1 year ago. I reported it within 60 days in writing. I just recieved notice from the FAA that they want to suspend my commercial license for 120 days. I didn't think they could/would unless you were not forth coming with it. It is a first (and last) offense and was minor in comparison to some. My BAC was right at the limit. No extremes or anything like that. I paid my fine, did my 16 hours of classes, was cleared on an evaluation, and spent 24 hours in the slammer. Wouldn't you think that would be enough? I paid my debt to society at the city court level, why is the FAA so bent about it? It was not aviation related....

Any suggestions would be greatly appreciated.

Sincerley,
COMING BACK TO AVIATION

[bluesideup]

The only solution is to get an aviation lawyer. The penalty the FAA has given you is absurd. I believe the lawyer will be able to get you an appeal which should suspend your suspension immediately. Your FAA regional office legal department seems out of control.

[Denny of Oakland]

I am not a lawyer, but know and work with a few. I have found some guidance material you might be interested in. It can be found in FAA Order 2150-3, which is available free at FAA - Home under Orders.

I know from experience all DUI cases involve a suspension of the pilot certificate. Usually CAMI in Oklahoma City will send the enforcement to the legal office in OKC to process.

COMPLIANCE AND ENFORCEMENT BULLETIN NO. 90-2

Drug- and alcohol-related convictions:
Ordinarily, alleged regulatory violations stemming from convictions outside the "lookback" period should not be pursued. However, those convictions which appear aggravated should be investigated by Security and referred to the Assistant Chief Counsel for the Region, if deemed appropriate for enforcement action by Security. Examples of cases which might be considered for treatment as aggravated include flying while intoxicated, drug trafficking involving the use of an aircraft, cases in which the Department of Justice has deemed criminal prosecution appropriate, and cases involving multiple (e.g., four or five) DWI/DUI convictions.

Generally, when an airman has some drug- or alcohol-related convictions which fall both inside and outside the "lookback" period, only those within the "lookback" period will be pursued. For example, if an airman had one DWI in 1986 and one or two DWIs in 1982, the case should be treated as a single DWI case.

While the vast majority of DUIs involve alcohol, they might also involve driving under the influence of another drug.

For a single DUI conviction, revocation of any current medical certificates and suspension of the pilot certificate for 60 days. (Suspension of the pilot certificate will be ordered even if the pilot holds no current medical certificate.)

1. The 60-day suspension period applies only in a case which involves falsification of a single DUI conviction alone. Thus, if some other information has also been omitted, (e.g., treatment for alcoholism), another, more severe sanction may be imposed. Even in cases involving a single DUI conviction alone, the FAA reserves the prerogative to impose a sanction more severe than a 60-day suspension if there are aggravating circumstances which warrant it.

2. For multiple DUIs, revocation of any current medical certificate and, except in extraordinary circumstances, any airman or ground instructor certificates.


Sorry I wish I could hep you in this matter. Your only option is to hire a lawyer at this point I think. Just one man's opinion.