DUI Conviction and license suspension.

[123123]

Hello Everyone.

If a person is found guilty to an impaired driving charge will the license suspension apply to aircraft as well? Here is the criminal code:

259. (1) When an offender is convicted of an offence committed under section 253 or 254 or this section or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time,was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,
(a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;
(b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and
(c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.


After reading this it seems to me you are prohibited from driving if you were found driving impaired. You are prohibited from flying if you were found operating an aircraft impaired. I spoke briefly with a criminal lawyer about it and he said he wasn't certain and would have to look into it more to give me an answer to my question above. Just wondering if anyone on here has heard of or experienced this situation before.

Thanks.

[human garbage]

Your reading of the law is correct. You lose the privilege to operate whatever you were caught operating impaired.

Check this article from last year out: http://news.nationalpost.com/news/canad ... helicopter

The salient part if you don't want to read it:

Under Canadian law, there is indeed no automatic link between a drunk driving conviction and the ability to fly.

“Currently there are no formal mechanisms in place linking a provincial/ territorial drivers licence to the pilot licence as a drivers’ licence is not a prerequisite for a Canadian pilot licence,” said Transport Canada spokesperson Brooke Williams, writing in an email to the National Post.

[DanWEC]

Following the actual conviction (not the 3 month initial suspension, that has no bearing on anything aircraft related) you will get papers that state your license suspension, likely a year. The are check boxes on that sheet that indicate prohibited to operate: car, boat, train, and aircraft. Only the checked box is the prohibited item. Someone close to me went through it and the only box checked was car, they could still legally fly without issue.

[Sasquash]

Just to clarify a bit further if, at the time of the impaired driving violation, a Canadian police officer is aware of the fact that you have a pilot licence, he may apply, at the discretion of the court, for a suspension order that apply to the pilot licence as well. This is done by a police request to the judge (Not by TC) and the courts may or may not apply the suspension to the pilot's licence.

There was such a case in Saskatchewan about 20 years in the jurisprudence where the pilot licence was also suspended with the driver licence by a prohibition order.

My understanding in the USA for example, the police authorities provide records of impaired driving charges to the FAA for their action and the FAA frequently take action, if not all the time, and suspend flight documents as well.

[bizjets101]

If a person is found guilty to an impaired driving charge will the license suspension apply to aircraft as well?

NO.

[mike12345]

Hello Everyone.

If a person is found guilty to an impaired driving charge will the license suspension apply to aircraft as well? Here is the criminal code:

259. (1) When an offender is convicted of an offence committed under section 253 or 254 or this section or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time,was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,
(a) for a first offence, during a period of Dui Arrest Help not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;
(b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and
(c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.


After reading this it seems to me you are prohibited from driving if you were found driving impaired. You are prohibited from flying if you were found operating an aircraft impaired. I spoke briefly with a criminal lawyer about it and he said he wasn't certain and would have to look into it more to give me an answer to my question above. Just wondering if anyone on here has heard of or experienced this situation before.

Thanks.

Hello and thanks for this valuable information.

[black hole]

If the offense was committed in a vehicle; at the judges discretion: allow you to fly commercially, to earn a living.


BH

[atphat]

What happens to a persons red pass if they get a dui? I can't imagine going through customs would be much fun. I was under the impression that if an "airline" type got a dui it would end their employment. I.e can't cross borders ect.

[edward137]

Hello Everyone.

If a person is found guilty to an impaired driving charge will the license suspension apply to aircraft as well? Here is the criminal code:

259. (1) When an offender is convicted of an offence committed under section 253 or 254 or this section or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time,was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,
(a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;
(b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and
(c) for each subsequent offence, during a DUI Help of not less than three years plus any period to which the offender is sentenced to imprisonment.


After reading this it seems to me you are prohibited from driving if you were found driving impaired. You are prohibited from flying if you were found operating an aircraft impaired. I spoke briefly with a criminal lawyer about it and he said he wasn't certain and would have to look into it more to give me an answer to my question above. Just wondering if anyone on here has heard of or experienced this situation before.

Thanks.

Hi,
Help me! I wanna know if i caught drunk by the cop while driving on highway. So what should be the minimum fine they can charge me.

[boogs82]

You don't get fined by the police at the side of the road for impaired driving in Canada.

You get arrested. You go do breath samples. You get your vehicle impounded for 7 days. You get a 90 day administrative driver's license suspension.

Then you get a first appearance date. Then you go through the court process. Then you get whatever fine or custodial sentence the court deems appropriate and then you get another minimum one year driver's license suspension pursuant to the Criminal Code.

[marakii]

You don't get fined by the police at the side of the road for impaired driving in Canada.

You get arrested. You go do breath samples. You get your vehicle impounded for 7 days. You get a 90 day administrative driver's license suspension.

Then you get a first appearance date. Then you go through the court process. Then you get whatever fine or custodial sentence the court deems appropriate and then you get another minimum one year driver's license suspension pursuant to the Criminal Code.

can you lose your RAIC federal security pass over this?