Pilots Charged with DUI in Colorado

A DUI charge can create unusually serious consequences for a pilot in Colorado because the case may affect much more than the person’s criminal record and driver’s license. In addition to jail, fines, probation, useful public service, alcohol or drug treatment, ignition-interlock requirements, and Colorado DMV consequences, a pilot may have to report the incident to the Federal Aviation Administration, disclose it on an FAA medical certificate application, respond to an aeromedical review, and address concerns from an airline or other aviation employer.

Federal aviation rules make the timing of these cases especially important. Under 14 C.F.R. § 61.15, holders of Part 61 certificates generally must report an alcohol- or drug-related “motor vehicle action” to the FAA within 60 calendar days. A reportable motor vehicle action can include a DUI or DWAI conviction as well as an administrative suspension or revocation of the person’s driver’s license resulting from a failed chemical test or refusal. Because the Colorado DMV proceeding and criminal case are separate, one DUI incident can potentially produce more than one FAA reporting event.

A DUI arrest does not automatically mean that a pilot will lose an FAA pilot certificate or medical certificate. The consequences depend on the disposition, BAC, refusal, prior alcohol- or drug-related history, medical evidence, and whether the FAA believes the incident raises concerns about substance abuse or dependence. However, failure to report required information can create a separate federal problem that may ultimately become more damaging to an aviation career than the original misdemeanor DUI.

Denver DUI Defense Attorney for Pilots

Pilots accused of DUI need a defense strategy that accounts for both Colorado criminal law and federal aviation requirements. A plea that appears acceptable when viewed only through the criminal court system can have additional consequences when reported to the FAA, disclosed during medical certification, or reviewed by an airline or aviation employer.

At the Law Office of Matthew A. Martin, P.C., we understand that pilots may be dealing with several proceedings at the same time. Matthew Martin carefully examines the traffic stop, body-camera footage, field sobriety testing, blood or breath evidence, refusal allegations, DMV proceeding, and prior history while considering how the ultimate disposition may affect FAA reporting and the client’s ability to continue flying professionally.

Timing is especially important because Colorado DMV hearing deadlines can arise quickly while the FAA separately imposes a 60-day reporting requirement for qualifying motor vehicle actions. Resolving the criminal case without considering those related obligations can expose a pilot to unnecessary professional risk.

If you are a commercial pilot, airline pilot, corporate pilot, flight instructor, charter pilot, or other airman charged with DUI in Denver or the surrounding metropolitan area, call (303) 725-0017 to schedule your free consultation today.

Overview of Pilots Charged with DUI in Denver, Colorado

Back to top

How a Colorado DUI Can Affect a Pilot

Colorado prosecutes DUI, DUI per se, and DWAI under C.R.S. § 42-4-1301. A person can be charged with DUI based on alcohol, marijuana, prescription medication, illegal drugs, or a combination of substances. The criminal law applied to a pilot is the same law applied to other Colorado drivers, but the professional consequences can be considerably different.

The FAA treats alcohol- and drug-related driving incidents as potentially relevant to both airman certification and medical certification. Under 14 C.F.R. § 61.15, certain convictions and driver’s license actions qualify as reportable motor vehicle actions. Separately, FAA medical certification requires disclosure of alcohol- or drug-related arrests, convictions, and administrative actions through the medical application process.

This distinction is important because an arrest alone generally does not trigger the 60-day notification requirement under § 61.15, but the arrest still must be disclosed on the pilot’s next FAA medical certificate application. If Colorado DMV then revokes the pilot’s driver’s license, the administrative action can become a reportable motor vehicle action. If the pilot is later convicted of DUI or DWAI, that conviction can create another reporting obligation arising from the same incident.

The FAA expressly states that a pilot who has already reported a driver’s license suspension must submit another notification if a subsequent qualifying conviction occurs. Each reportable motor vehicle action must be evaluated independently rather than assuming one report satisfies every future obligation.

Back to top

FAA Reporting Requirements After a Colorado DUI

For pilots, one of the most important rules is 14 C.F.R. § 61.15(e). The FAA states that all Part 61 certificate holders must provide written notification within 60 calendar days after a qualifying drug- or alcohol-related motor vehicle action.

A reportable motor vehicle action includes a conviction for violating a federal or state law involving operation of a motor vehicle while intoxicated, impaired, or under the influence of alcohol or drugs. It also includes cancellation, suspension, or revocation of a driver’s license for a DUI-related reason, including administrative actions based on a failed chemical test or chemical-test refusal.

For a Colorado pilot, that can create several important situations:

Colorado DMV Revocation — If the pilot’s driver’s license is administratively revoked after a BAC test or chemical-test refusal, the FAA states that the action must be reported within 60 days of its effective date. The reporting requirement applies regardless of how short the driver’s license restraint lasts.

Later DUI or DWAI Conviction — If the pilot later receives a DUI- or DWAI-related conviction arising from the same event, another notification may be required within 60 days of the conviction. Reporting the DMV action does not automatically satisfy the obligation created by the later conviction.

DUI Arrest Without a Motor Vehicle Action Yet — An arrest alone does not have to be reported to the FAA Security and Hazardous Materials Safety Office under the 60-day § 61.15 notification rule. The FAA nevertheless states that drug- and alcohol-related arrests must be disclosed when the pilot next submits FAA Form 8500-8 for a medical certificate.

The FAA requires the § 61.15 notification to include identifying information, the type and date of the motor vehicle action, the state holding the record, and whether the event relates to a previously reported action. The FAA currently permits pilots to use its online notification system or submit the required written notification.

Failure to make a required report can create a separate certification problem. The FAA states that failure to submit the notification within 60 days is grounds for denying an application for a certificate, rating, or authorization for up to one year after the motor vehicle action and may also support suspension or revocation of an existing certificate, rating, or authorization.

Back to top

FAA Medical Certificate Consequences of DUI

The FAA medical certification process is separate from the § 61.15 reporting process. This distinction can be extremely important for professional pilots because holding an airman certificate does not necessarily mean the pilot remains medically qualified to exercise the privileges required for a particular operation.

FAA Form 8500-8 requires disclosure of a history of arrests, convictions, and administrative actions affecting driving privileges. The FAA’s Aviation Medical Examiner guidance states that all such incidents must be reported, including a single DUI or DWI arrest, conviction, or administrative action. The FAA also notes that answering “yes” to this medical-history item generally remains required on future applications even after the incident has previously been reviewed.

A single DUI does not necessarily mean that the FAA will deny a medical certificate. FAA guidance makes clear, however, that the age of the event, BAC, refusal, previous incidents, and evidence of alcohol abuse or dependence can influence how the application is handled.

The FAA’s DUI/DWI disposition guidance distinguishes among different circumstances. For example, its published table provides relatively straightforward AME issuance procedures for some single events at least five years old involving a BAC below 0.15 when there is no evidence of substance abuse or dependence. By contrast, a single event less than five years old, an event involving a BAC of 0.15 or greater, or an event involving an unknown BAC or refusal requires additional alcohol-event documentation and FAA review under the applicable procedures.

That makes a high BAC or refusal particularly important for a pilot. Those circumstances already create greater consequences under Colorado law, but they can also affect the FAA medical review process.

The FAA separately identifies substance abuse and substance dependence as medically disqualifying conditions under the Part 67 medical standards. The existence of one DUI does not necessarily establish either condition. Nevertheless, DUI arrests, convictions, administrative actions, and alcohol history may cause the Aviation Medical Examiner or FAA to request additional documentation to determine whether such a condition exists.

When appropriate, the FAA may use the special-issuance process. The FAA also maintains a system of HIMS Aviation Medical Examiners who are specifically trained in evaluating and, when required, monitoring pilots with substance- or alcohol-related conditions.

Back to top

Airline and Aviation Employment Consequences

The FAA is not the only professional concern. Airline pilots, charter pilots, corporate pilots, cargo pilots, flight instructors, and other commercial aviation professionals may also be subject to employer policies concerning alcohol, criminal arrests, driver’s license status, FAA medical eligibility, and fitness for duty.

An employer may learn about the event through disclosure requirements, an FAA-related process, background checks, company policy, or a separate drug and alcohol program. The employment consequences can vary substantially depending on whether the pilot works for a major airline, regional carrier, Part 135 operator, corporate flight department, flight school, or another aviation business.

FAA regulations also impose separate drug and alcohol testing requirements on many safety-sensitive aviation employees. Under Part 120, employers have reporting obligations involving certain verified positive drug tests, prohibited alcohol-related conduct, and test refusals involving covered employees. These workplace testing rules are separate from the off-duty DUI reporting requirements under § 61.15.

A Colorado DUI should therefore not automatically be described as an FAA workplace alcohol violation. Whether an employer can discipline, suspend, remove, or terminate a pilot depends on the employer’s policies, collective bargaining agreement where applicable, FAA medical status, and the facts surrounding the incident.

For professional pilots, maintaining an FAA medical certificate may be especially important because a pilot can hold an airman certificate while being unable to exercise professional flying privileges that require an appropriate medical certificate. An aeromedical deferral can therefore produce immediate employment consequences even where the criminal case remains pending.

Back to top

Operating an Aircraft While Intoxicated in Colorado

A pilot accused of actually flying or operating an aircraft while intoxicated can face a separate Colorado criminal charge in addition to any FAA consequences. Under C.R.S. § 41-2-102, Colorado prohibits operating an aircraft while under the influence of alcohol, one or more drugs, or a combination of substances. The statute also separately prohibits operating an aircraft with a blood alcohol concentration of 0.04 or greater at the time of operation or within two hours afterward, subject to the statute’s testing provisions.

Colorado defines operating an aircraft broadly. It can include being in actual physical control of the aircraft, having immediate access to the controls, or performing duties as a crewmember that affect the safe operation of the aircraft. A pilot therefore does not necessarily have to be airborne at the time of the alleged offense for the statute to become relevant.

Federal law creates an additional layer of exposure. Under 14 C.F.R. § 91.17, a person may not act or attempt to act as a crewmember of a civil aircraft within eight hours after consuming alcohol, while under the influence of alcohol, while using a drug that affects the person’s faculties contrary to safety, or with a blood or breath alcohol concentration of 0.04 or greater. An allegation of flying while intoxicated can therefore lead to both a Colorado criminal prosecution and separate FAA certificate or medical consequences.

These cases can involve questions about when the pilot actually operated the aircraft, whether the alleged BAC was measured within the legally relevant time period, whether the testing was reliable, whether prescription medication actually caused impairment, and whether the person was acting as a required crewmember. Because the state criminal case and federal aviation proceedings can move independently, pilots accused of operating an aircraft while intoxicated should address both issues as part of the defense strategy.

Back to top

Criminal and Driver’s License Penalties for Pilots Charged With DUI

Pilots face the same Colorado DUI sentencing ranges as other drivers. The FAA reporting and medical consequences are additional to these state criminal and DMV penalties.

First DUI or DUI Per Se — A first DUI or DUI per se generally carries 5 days to 1 year in county jail, a fine of $600 to $1,000, and 48 to 96 hours of useful public service. Colorado law provides circumstances under which part of the minimum jail sentence may be suspended when statutory treatment conditions are satisfied.

First DWAI — A first DWAI generally carries 2 days to 180 days in jail, a fine of $200 to $500, and 24 to 48 hours of useful public service. Even though DWAI is a lesser Colorado offense than DUI, it can still constitute a reportable alcohol-related motor vehicle action for FAA purposes when it results in a qualifying conviction.

Second DUI, DUI Per Se, or DWAI — With one qualifying prior, the general sentencing range increases to 10 days to 1 year in jail, a fine of $600 to $1,500, and 48 to 120 hours of useful public service.

Third DUI, DUI Per Se, or DWAI — With two qualifying priors, the general range increases to 60 days to 1 year in jail, a fine of $600 to $1,500, and 48 to 120 hours of useful public service. Multiple alcohol-related incidents can also create considerably greater concern during FAA medical review.

Felony DUI — DUI, DUI per se, or DWAI becomes a class 4 felony under Colorado law after the required number of qualifying prior convictions. Colorado’s current legislative summary lists a presumptive 2-to-6-year imprisonment range and 3 years of parole, with useful public service required when probation is imposed.

Colorado also imposes separate administrative driving consequences. The current legislative summary lists a 9-month license revocation for a first BAC action of at least 0.08, increasing to 12 months for a second and 24 months for a third or subsequent qualifying BAC action. A first DUI conviction likewise carries a 9-month revocation under the summarized administrative framework.

For a pilot, that DMV revocation has an additional consequence: an alcohol- or drug-related license suspension or revocation can itself constitute a motor vehicle action that must be reported to the FAA within 60 days.

Back to top

Defenses and Important Issues for Pilots Charged With DUI

A pilot’s professional obligations do not reduce the prosecution’s burden of proof. Colorado still must prove the underlying DUI, DUI per se, or DWAI, and the defense may challenge the same constitutional, scientific, and factual weaknesses that arise in other impaired-driving prosecutions.

Unlawful Traffic Stop or Arrest — Police generally need legally sufficient grounds for the initial stop and probable cause for the DUI arrest. If the seizure violated constitutional protections, defense counsel may seek suppression of evidence obtained afterward.

Field Sobriety Testing Problems — Roadside exercises can be affected by fatigue, footwear, injuries, uneven surfaces, weather, stress, and the manner in which the officer gave instructions. Pilots may also work irregular schedules, cross time zones, or experience long duty days that create fatigue-related symptoms officers could mistake for intoxication.

Breath or Blood Testing Problems — Chemical evidence may be challenged based on instrument maintenance, calibration, collection procedures, timing, contamination, chain of custody, laboratory methodology, or other reliability issues. A BAC result that reaches or exceeds 0.15 deserves particularly close review in a pilot case because that threshold may affect both Colorado consequences and FAA medical review.

The Alleged Refusal Was Not a True Refusal — A refusal can create significant consequences under both Colorado DMV law and FAA aeromedical procedures. Medical inability, confusion, injury, inadequate instructions, or an unsuccessful attempt to provide a sample may undermine the government’s refusal allegation. The FAA’s published medical guidance specifically treats a refusal as a circumstance requiring additional review, making the accuracy of that allegation especially important to a pilot.

Drug or Prescription Medication Did Not Cause Impairment — Pilots can face drug DUI based on prescription medication as well as illegal substances. A positive toxicology result does not automatically establish that the medication impaired driving, and therapeutic level, timing, tolerance, medical condition, and actual driving behavior may all matter.

The BAC Was Rising — Alcohol consumed shortly before driving may still have been absorbing when the vehicle was operated. A later chemical test can therefore potentially produce a higher BAC than existed at the actual time of driving.

FAA Reporting Must Be Handled Separately From the Criminal Defense — Defending the criminal charge does not excuse a pilot from complying with an independent federal reporting deadline. Defense counsel should identify whether the Colorado DMV action or criminal disposition constitutes a reportable motor vehicle action and make sure the pilot understands when a separate FAA notification may be required.

Statements and Applications Must Be Accurate — Pilots should be especially careful about attempting to minimize or conceal the DUI on future FAA forms. FAA Form 8500-8 authorizes access to National Driver Register information, and the FAA expressly states that it can use those records to identify reportable driving history. Intentional falsification can result in serious certificate enforcement.

Back to top

Role of a Colorado DUI Attorney When the Client Is a Pilot

A pilot DUI defense should account for the criminal case, DMV action, FAA reporting obligations, medical certification, and employment consequences at the same time.

Defense counsel can first examine whether the traffic stop, arrest, field testing, chemical test, or refusal allegation can be challenged. Reducing or eliminating the underlying Colorado charge may substantially improve the pilot’s overall position, even though separate administrative actions may still require FAA reporting.

Counsel should also identify the dates of every potential motor vehicle action. The FAA’s 60-day clock can run from the effective date of the driver’s license suspension or revocation and separately from the date of a later qualifying conviction. The FAA expressly warns that subsequent actions related to the same incident must also be reported.

The professional consequences of a proposed plea should also be considered before the pilot accepts it. DUI and DWAI may have different consequences under Colorado law, but both can fall within the FAA’s definition of an alcohol-related motor vehicle action. A reduction therefore should not be assumed to eliminate federal reporting requirements merely because it lowers the criminal sentence.

Medical certification must be handled just as carefully. FAA guidance requires disclosure of arrests, convictions, and administrative driving actions on the medical application. A recent event, BAC of 0.15 or greater, or refusal may require additional documentation and FAA review, while substance abuse or dependence findings can create much more serious medical-certification consequences.

Back to top

Frequently Asked Questions

Do pilots have to report a DUI to the FAA?
Yes, when the event produces a qualifying motor vehicle action under 14 C.F.R. § 61.15. A DUI or DWAI conviction and a DUI-related driver’s license suspension or revocation are common examples. The notification generally must be made within 60 calendar days.

Do I have to report the DUI arrest itself within 60 days?
Not to the FAA Security and Hazardous Materials Safety Office merely because an arrest occurred. The FAA states that an arrest alone does not trigger that § 61.15 notification requirement. However, the arrest must be disclosed on the next FAA medical certificate application.

If Colorado DMV revokes my license, do I have to report it?
Yes, if the revocation or suspension qualifies as an alcohol- or drug-related motor vehicle action. The FAA specifically identifies suspensions arising from chemical-test failures and refusals as reportable.

What if I already reported the DMV suspension and later get convicted of DUI?
The FAA states that the subsequent conviction must also be reported within 60 days. One notification does not necessarily cover all later motor vehicle actions arising from the incident.

Will one DUI automatically revoke my pilot certificate?
Not necessarily. The FAA does not state that every first misdemeanor DUI automatically results in loss of an airman certificate. However, required reporting, medical certification, prior history, and the circumstances of the incident can significantly affect the outcome.

Can one DUI affect my FAA medical certificate?
Yes. FAA medical guidance requires disclosure and may require additional review. A recent event, BAC of 0.15 or greater, unknown BAC, or chemical-test refusal receives greater scrutiny under the FAA’s current DUI/DWI disposition guidance.

Does a BAC of 0.15 matter to the FAA?
Yes. The FAA’s medical disposition table specifically identifies a BAC of 0.15 or above as a circumstance requiring additional alcohol-event documentation and FAA review under the applicable protocol.

Does refusing a DUI test matter to the FAA?
Yes. A refusal can produce a reportable Colorado driver’s license action and is also specifically identified in FAA medical guidance as requiring additional review.

Can I lose my medical certificate because the FAA believes I have an alcohol problem?
Potentially. Substance abuse and substance dependence are disqualifying medical conditions under the FAA’s Part 67 standards. That does not mean that one DUI automatically proves either condition, but the FAA may request additional information to determine whether a substance-related condition exists.

What is a HIMS AME?
HIMS Aviation Medical Examiners have specialized training in evaluating pilots with substance-, alcohol-, and certain mental-health-related conditions. The FAA states that HIMS AMEs can provide sponsorship and monitoring when required for medical certification.

Can a DUI affect an airline job even if my pilot certificate remains valid?
Yes. An airline or other aviation employer may have separate employment, safety, reporting, and fitness-for-duty policies. A pilot may also experience employment problems if the FAA medical certificate is deferred or otherwise affected even when the underlying airman certificate remains intact.

What happens if I simply do not tell the FAA?
That can create a much more serious problem. Failure to make a required § 61.15 report can support certificate enforcement, and the FAA states that Form 8500-8 authorizes National Driver Register access that can reveal the underlying driving history. Intentional falsification on medical certification paperwork can create separate enforcement consequences.

Back to top

Denver County Court Bond Information for Pilots Charged With DUI

A pilot arrested for misdemeanor DUI in Denver may have to address bond before the Colorado criminal case, FAA reporting, or medical-certification issues are resolved. Denver County Court’s published Criminal Bond Schedule is effective February 20, 2025.

DUI With No Prior DUI or DWAI — Under the published Denver County Court schedule, DUI with no prior DUI or DWAI is listed for a $1,500 personal recognizance bond. A PR bond generally allows release without requiring the defendant to deposit the full stated amount as long as the defendant agrees to appear and comply with the conditions of release.

DUI With a Prior DUI or DWAI — When a defendant has a prior DUI or DWAI, the published schedule provides for the bond to be set by a judicial officer at the first appearance instead of using the standard first-offense PR amount.

DWAI With No Prior DUI or DWAI — A first qualifying DWAI is similarly listed for a $1,500 personal recognizance bond, while a defendant with a qualifying prior DUI or DWAI is subject to an individualized bond determination.

Denver County Court also explains that defendants with qualifying previous DUI-related convictions may be required to participate in monitored sobriety as a condition of bond under Colorado law. For a professional pilot, alcohol monitoring can have practical implications beyond the court case and should be considered along with any FAA or employer requirements.

The published schedule concerns qualifying pre-arraignment release. Felony DUI, vehicular assault, vehicular homicide, or other accompanying charges may result in a different bond determination.

Back to top

Additional Resources

FAA – Airmen and Drug- and/or Alcohol-Related Motor Vehicle Actions — This is one of the most important federal resources for a pilot charged with DUI. The FAA explains the 60-day reporting requirement, defines reportable motor vehicle actions, distinguishes an arrest from a conviction or administrative action, and explains why a later conviction may require another report even when a DMV suspension was already reported.

FAA – Medical Certification — The FAA’s medical certification portal provides access to MedXPress, Aviation Medical Examiner information, HIMS AME resources, medical certification guidance, and the FAA’s DUI/DWI program. Pilots facing DUI can use this resource to understand the separate aeromedical side of the case and locate an AME or HIMS AME when appropriate.

FAA – DUI/DWI Alcohol Incidents Disposition Table — This FAA guidance is particularly useful for understanding how a DUI can affect medical certification. It distinguishes older single events with BAC below 0.15 from more recent events, refusals, unknown BAC cases, and incidents involving BAC of 0.15 or higher, which may require additional FAA review.

FAA – Substance Dependence and Abuse Guidance — This section of the FAA Aviation Medical Examiner Guide explains how alcohol and drug abuse or dependence can affect first-, second-, and third-class medical certification. It also discusses the possibility of special issuance and the additional documentation that may be required where an aeromedical substance-use concern exists.

FAA – Form 8500-8 DUI and Driving History Guidance — This resource explains the medical application’s requirement to disclose arrests, convictions, and administrative actions affecting driving privileges. The FAA specifically states that even a single DUI/DWI incident must be reported on the medical application and that previously disclosed events generally continue to be identified on later applications.

Colorado General Assembly – Colorado Drunk Driving Laws — The Colorado General Assembly’s Office of Legislative Legal Services provides a statewide summary of DUI, DWAI, criminal sentencing, and administrative driver’s license consequences. For pilots, this resource is useful for understanding the Colorado action that may subsequently trigger an FAA reporting obligation.

Denver County Court – Criminal Division — Misdemeanor DUI and DWAI cases filed in Denver generally proceed through the criminal side of Denver County Court. A pilot facing DUI in Denver can use this resource to understand the local criminal proceeding while separately dealing with the Colorado DMV and federal aviation consequences.

Denver County Court – Traffic Division — Denver County Court’s Traffic Division handles ordinary traffic matters, while DUI cases proceed through the criminal process. This can be useful when a pilot receives additional traffic citations from the same stop and needs to distinguish those citations from the criminal DUI case.

Denver County Court – Bonding & Warrants — Denver County Court publishes the Criminal Bond Schedule effective February 20, 2025 and provides information concerning personal recognizance bonds, repeat DUI cases, surety bonds, warrants, and monitored sobriety. Pilots charged in Denver can use this resource to understand the initial release process and any conditions imposed while the case is pending.

Colorado DMV – The DUI Process — Colorado DMV explains that a DUI creates two separate state proceedings: the criminal court case and the administrative license case. This distinction has additional importance for pilots because a Colorado administrative suspension or revocation may itself become a federally reportable motor vehicle action.

Colorado DMV – DUI Administrative Process — This resource explains administrative hearings, revocation, reinstatement, Persistent Drunk Driver status, ignition interlock, and other DMV requirements. Pilots should pay particular attention to this process because an administrative license action can trigger the FAA’s separate 60-day reporting obligation.

Colorado Department of Transportation – Impaired Driving — CDOT provides statewide information about DUI enforcement, alcohol and drug impairment, BAC thresholds, enforcement campaigns, and Colorado impaired-driving law. It provides useful background on how Colorado DUI investigations and enforcement efforts operate.

No DUI Colorado — No DUI Colorado provides plain-language information about Colorado DUI court proceedings, DMV actions, chemical testing, refusal, treatment, ignition interlock, and related consequences. Pilots can use it as a Colorado-specific supplement to the more technical FAA and DMV materials.

National College for DUI Defense – Colorado DUI Laws — NCDD provides a defense-oriented overview of Colorado DUI, DWAI, testing, refusal, sentencing, and administrative consequences. It can help pilots identify potential issues in the underlying state case, although official Colorado and FAA sources should control where federal reporting or current legal requirements are concerned.

Colorado Revised Statutes § 41-2-102 – Operating an Aircraft Under the Influence — This statute governs Colorado’s separate criminal offense for operating an aircraft while under the influence of alcohol or drugs. It also prohibits operating an aircraft with a BAC of 0.04 or greater at the time of operation or within two hours afterward, making it an important resource for pilots facing allegations that involve actual aircraft operation rather than an ordinary motor-vehicle DUI.

Back to top

Finding a DUI Defense Attorney for Pilots in Denver

A DUI charge can create several different problems for a pilot at the same time. The criminal court determines whether the state can prove DUI or DWAI. Colorado DMV separately controls driving privileges. The FAA imposes its own reporting requirements for qualifying motor vehicle actions. FAA medical certification creates another disclosure and review process, and an airline or aviation employer may have additional rules of its own.

Those distinctions make early planning especially important. A pilot may have only a short period to request a Colorado DMV hearing and 60 days to report a qualifying motor vehicle action to the FAA. A later DUI conviction can create an additional notification obligation even when the driver’s license action arising from the same incident was already reported.

At the Law Office of Matthew A. Martin, P.C., we defend pilots and other licensed professionals facing DUI, DWAI, high BAC DUI, drug DUI, prescription drug DUI, refusal, repeat DUI, and felony DUI allegations. We examine the traffic stop, chemical testing, body-camera evidence, DMV case, and prosecution’s impairment theory while considering how the disposition may affect FAA reporting, medical certification, and the client’s aviation career.

The Law Office of Matthew A. Martin, P.C. represents clients throughout Denver and the surrounding metropolitan area, including Aurora, Lakewood, Westminster, Thornton, Englewood, Arvada, Boulder, Parker, and Castle Rock.

If you are a pilot charged with DUI in Denver or Colorado, call (303) 725-0017 today to schedule your free consultation.

Avvo Rating
National Association of Criminal Defense Lawyers
Colorado Criminal Defense Bar
National College for DUI Defense
Better Business Bureau