Professionals and Georgia Drug Charges

How Drug Charges Can Effect Georgia Licensed Professionals

A. Pilots

Under United States Code § 44710, the FAA may suspend or revoke your aircraft license if you are convicted of any law related to a controlled substance. Although the statute states that “simple possession” does not fall into this category, it is certainly possible that your license may be suspended or revoked. Furthermore, the statute implies that your need to have used an aircraft during the commission of the crime in order to face a suspension or revocation. This is not the case. The federal regulation that controls these types of suspensions or revocation, indicates that the FAA can still suspend or revoke even if an aircraft was not used in the commission of the crime.

United States Code § 44710. Revocations of airman certificates for controlled substance violations.

(a) Definition. In this section, “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).

(b) Revocation. (1) The Administrator of the Federal Aviation Administration shall issue an order revoking an airman certificate issued an individual under section 44703 of this title after the individual is convicted, under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance), of an offense punishable by death or imprisonment for more than one year if the Administrator finds that–

(A) an aircraft was used to commit, or facilitate the commission of, the offense; and

(B) the individual served as an airman, or was on the aircraft, in connection with committing, or facilitating the commission of, the offense.

(2) The Administrator shall issue an order revoking an airman certificate issued an individual under section 44703 of this title if the Administrator finds that–

(A) the individual knowingly carried out an activity punishable, under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance), by death or imprisonment for more than one year;

(B) an aircraft was used to carry out or facilitate the activity; and

(C) the individual served as an airman, or was on the aircraft, in connection with carrying out, or facilitating the carrying out of, the activity.

(3) The Administrator has no authority under paragraph (1) of this subsection to review whether an airman violated a law of the United States or a State related to a controlled substance.

(c) Advice to holders and opportunity to answer.–Before the Administrator revokes a certificate under subsection (b) of this section, the Administrator must–

(1) advise the holder of the certificate of the charges or reasons on which the Administrator relies for the proposed revocation; and

(2) provide the holder of the certificate an opportunity to answer the charges and be heard why the certificate should not be revoked.

(d) Appeals. (1) An individual whose certificate is revoked by the Administrator under subsection (b) of this section may appeal the revocation order to the National Transportation Safety Board. The Board shall affirm or reverse the order after providing notice and an opportunity for a hearing on the record. When conducting the hearing, the Board is not bound by findings of fact of the Administrator but shall be bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law.

(2) When an individual files an appeal with the Board under this subsection, the order of the Administrator revoking the certificate is stayed. However, if the Administrator advises the Board that safety in air transportation or air commerce requires the immediate effectiveness of the order–

(A) the order remains effective; and

(B) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board.

(3) An individual substantially affected by an order of the Board under this subsection, or the Administrator when the Administrator decides that an order of the Board will have a significant adverse effect on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.

(e) Acquittal. (1) The Administrator may not revoke, and the Board may not affirm a revocation of, an airman certificate under subsection (b)(2) of this section on the basis of an activity described in subsection (b)(2)(A) if the holder of the certificate is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity.

(2) If the Administrator has revoked an airman certificate under this section because of an activity described in subsection (b)(2)(A) of this section, the Administrator shall reissue a certificate to the individual if–

(A) the individual otherwise satisfies the requirements for a certificate under section 44703 of this title; and

(B)(i) the individual subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; or

(ii) the conviction on which a revocation under subsection (b)(1) of this section is based is reversed.

(f) Waivers. The Administrator may waive the requirement of subsection (b) of this section that an airman certificate of an individual be revoked if–

(1) a law enforcement official of the United States Government or of a State requests a waiver; and

(2) the Administrator decides that the waiver will facilitate law enforcement efforts.


14 C.F.R. § 61.15 Offenses involving alcohol or drugs.

(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(b) Committing an act prohibited by § 91.17(a) or § 91.19(a) of this chapter is grounds for:

(1) Denial of an application for a certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that act; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(c) For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:

(1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug;

(2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or

(3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.

(d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

(e) Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Civil Aviation Security Division (AMC-700), P.O. Box 25810, Oklahoma City, OK 73125, not later than 60 days after the motor vehicle action. The report must include:

(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.

(f) Failure to comply with paragraph (e) of this section is grounds for:

(1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the motor vehicle action; or

(2) Suspension or revocation of any certificate, rating, or authorization issued under this part.

B. Disciplinary Action by Boards, Departments and Commissions

Disciplinary proceedings of individuals who are licensed by the Department of Health, or other boards and commissions. This includes, but is not limited to, doctors, nurses, physician assistants, pharmacists, dentists, dental hygienists, and teachers. If you are convicted of a felony, then the following may occur: (1) your license or permit may be revoked, suspended, censured, placed on probationary status; (2) your practice may be limited; (3) you may be required to report regularly to your board commission or department; (4) you may be required to attend continuing education; (5) you may have to pay restitution to any victim; or (6) you may be assess a fine. There may also be individual disciplinary proceedings depending on your profession, and these may be found in the individual sections.

C. Nurses

If you are a nurse and have been arrested on a drug related charge, you may be subject to loss of your nursing license.  Please see Georgia DUI Drugs for Doctors and Nurses for more details.

D. Pharmacists

If you are a pharmacist and have been arrested on a drug related charge, you may be subject to loss of your pharmacy license. You may lose your license or permit to practice as a pharmacist if you violate “a statute or regulation relating to drugs, devices or the practice of pharmacy” or “been convicted of violating any criminal statute relating to drugs, devices or the practice of pharmacy” in Georgia, any other state, United States territory or even foreign country. Your pharmaceutical license or permit may be revoke if you have “illegally possessed, diverted, sold or dispensed drugs or devices” or you have abused or “excessively” used drugs.

E. Teachers

In order to be a teacher in the State of Georgia, you must obtain a teaching certificate. If, however, you lose this certificate, then you will no longer be able to teach. The Georgia Code of Ethics for Educators clearly states that:

Standard 1: Legal Compliance – An educator shall abide by federal, state, and local laws and statutes. Unethical conduct includes but is not limited to the commission or conviction of a felony or of any crime involving moral turpitude; of any other criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana as provided for in Chapter 13 of Title 16;

Hence, any drug related conviction can result in your teaching certificate being revoked. Please see DUI Penalties for Georgia School Teachers for more information.

As you can see, licensed professionals can face sanctions well beyond what goes on in the courtroom.  That is why you need an experience trial lawyer who understands your situation and is ready to fight for you.  Please call 404-250-3206 for a free consultation with Attorney Douglas B. Chanco.