Copyright Articles 1996 - 2013 - All Rights Reserved

Minnesota criminal law, criminal defense, Divorce, custody, Lawyers

State and Federal Regs. for Airmen 


 General Info

About this Site


Ask-A-Lawyer: Questions


Business & Corporate Law

Minnesota Franchise Law

Freedom of Information Act


Criminal Defense Center

DWI Center


Minnesota Divorce

Collaborative Law


Estate Planning Center


Minnesota Juvenile Justice Center

Minnesota Lawyers  
Ofc. 612.240.8005  
Suite 700  
5775 Wayzata Boulevard  
St. Louis Park, MN 55416  



Minnesota DWi or Minnesota DUI and Pilots
  DWI and Pilots

DWI offenses have a particularly harsh impact on those who hold pilot's licenses.  Pilots face harsher penalties and also risk losing thier license and their livelihood. As a result, an aggressive defense is necessary to any DWI in a motor vehicle or any charges that the pilot consumed alcohol before flying.  This area of law includes a confluence of state and federal statutes. 

A strict set of federal rules apply to airmen with regard to alcohol related offenses.  In fact, the federal rules governing licensing require airmen to self-report any alcohol related charges or license suspensions which then may result in the suspension of the pilot's license.  The DUI/DWI compliance program for pilots was established in November of 1990 by Congressional act and was codified in Federal Aviation Regulation Parts 61 and 67.

The rule sets forth regulations which allows the FAA to deny an application for a pilot's license or suspend or revoke an existing pilot's certificate or rating. Generally, the FAA may act if a person has received two or more alcohol-related motor vehicle convictions or state motor vehicle license suspensions within a 3-year period. Even more critical, pilots are also required to report to the FAA in Oklahoma City, Oklahoma, any and all alcohol or drug related motor vehicle convictions or license suspensions that occur after November 1990. Generally, a failure to provide the necessary information to the FAA voluntarily results in stiffer penalties when discovered. Moreover, the FAA has the power to obtain driver's license information from the National Driver Register as it relates to licensed airmen.

Reportable offenses include:

  • Revocation/suspension/cancellation of driver license for chemical test failure

  • Revocation/suspension/cancellation of driver license for chemical test refusal

  • Administrative per se orders

  • Civil revocations

  • Express consent revocation/suspension

  • Driving While Under the Influence (DUI) conviction

  • Driving While Impaired (DWI) conviction

  • Driving with an unlawful blood alcohol level conviction

  • Operating While Under the Influence (OWUI) conviction

  • Boating or snowmobiling while intoxicated

Each pilot must provide a written report of each violation within 60 days of the effective date of the offense which must include the following information:

1) the person's name, address, date of birth, and airman certificate number;
2) the type of violation that resulted in the conviction or the administrative action;
3) the date of the conviction or administrative action;
4) the state that holds the record of conviction or administrative action; and
5) a statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously-reported motor vehicle action.

Additionally, under Minnesota statutes, there is a special provision which establishes a .04 per se standard for alcohol consumption while flying and also criminalizes any test refusal.  A violation is always a gross misdemeanor.

It is also unlawful  to fly within eight hours of any alcohol consumption - a zero tolerance standard, but time limited.  A violation is a misdemeanor.


Call (612) 240.8005

Criminal Defense Center
Main Page

Bulletin Board
Ask a question or
review postings on our
DWI Bulletin Board

Ask-A-Lawyer your legal questions


How breathalyzers work.
An explanation of the theory and operation of breath testing devices.

Alcohol Intoxication Testing.
Overview of current state of "scientific" testing

Breath Testing Machines.
Common methods of breath analysis..


Challenging the Breath Test at Trial

4 Ways to Get a New Drivers License

Drunk driving defense : how to beat the Rap.

Drunk Driving : A Survival Guide for Motorists

Drunk driving laws : rules of the road...

About this Site  |  Ask-A-Lawyer: Questions  |  Business & Corporate Law  |  Minnesota Franchise Law  |  Freedom of Information Act  |  Criminal Defense Center  |  DWI Center  |  Minnesota Divorce  |  Collaborative Law  |  Estate Planning Center  |  Minnesota Juvenile Justice Center


Any information contained on this site is general in nature. You should not rely on any articles, postings or other information on these pages as legal advice or to create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact an attorney in your state.

Any Lawyers referred have indicated the geographic area and the areas of law in which they will accept referrals. This site makes no investigation into the referral attorney's particular abilities to handle the Client's legal matter. Before employing the attorney, the Client should interview the attorney and make whatever investigation the Client feels is appropriate into the attorney's qualifications to handle the Client's legal matter.

Minnesota Lawyers

Sign In

 Sign In