Pilots are regulated by the Federal Aviation Administration (FAA) which requires pilots to pass knowledge exams and complete flight training. In addition, they must be certified healthy to fly. Pilots are required to obtain and maintain a medical certificate verifying their physical and mental fitness.
While most drivers are not pilots, most pilots are drivers. Getting a DUI can be an issue for someone seeking a pilot’s license or wanting to maintain a current license. A DUI suggests there might be a substance use problem, and substance abuse or dependence is a disqualifying medical condition.
A DUI is a serious legal matter that can have severe consequences. A good defense can minimize or eliminate the effect a DUI may have on the ability to get a pilot’s license. Contact a Los Angeles DUI attorney for help after a DUI arrest.
A DUI Can Affect Obtaining a Pilot’s Medical Certificate
The FAA is concerned about a pilot or applicant with a DUI not so much as a violation of the law but as an indication that the issue of substance use may need further investigation. The circumstances of the DUI and the level of intoxication are relevant in evaluating the use of substances.
To obtain a medical certificate, a pilot or applicant is examined by an Aviation Medical Examiner (AME). Prior to the examination, an application for medical certification must be completed. In the medical history portion, the applicant must disclose any current or previous substance abuse or dependence. An applicant is also required to disclose any alcohol or drug offense for which there was an arrest, conviction, or administrative action taken.
Detailed information about each offense must be provided, as well as information about current alcohol or drug use and any treatment or recovery programs that were completed. Blood alcohol concentration (BAC) results and court records are also required. The FAA then uses the information gathered by the AME to determine whether the pilot applicant has a disqualifying substance use condition according to their standards for abuse or dependence.
FAA Standards for Evaluating Substance Dependence or Abuse
The FAA will look for the following indications to determine substance dependence:
- High tolerance
- Withdrawal symptoms if use stopped
- Inability to control usage
- Continued use despite damage to health or impairment of social and occupational functions
Substance abuse may be indicated by any of the following determinations:
- The substance is used when it is physically hazardous
- Blood alcohol test results show a concentration of at least .04
- Refusal to submit to blood alcohol testing
- Misusing a substance that the Federal Air Surgeon has determined to render a person unable to perform the necessary duties of a pilot safely
How the FAA Can Find Out About a DUI
Failing to disclose a DUI and hoping the FAA won’t find out about it could get you worse results than having a DUI. If the FAA finds out about a DUI that was not disclosed, it is grounds to deny or revoke the medical certification.
Completing the medical certificate application includes authorizing the National Driving Register to release the applicant’s driving record to the FAA. The FAA also has a hotline where people can anonymously report matters that may affect aviation safety.
Pilot Duty to Report DUI
Licensed pilots arrested for DUI must report the event to the FAA within 60 days of the effective date of either an administrative action affecting their driver’s license or a conviction. License suspension is an administrative action that can be taken by the California Department of Motor Vehicles (DMV) after a DUI arrest. The suspension becomes effective 30 days from the date issued if no action is taken.
Pilots who receive license suspension orders can request a hearing within 10 days to challenge the suspension and toll the effective date. If successful, a pilot may be able to postpone notifying the FAA and avoid immediate consequences restricting their flying privileges.
California pilots should contact a Los Angeles DUI Attorney as soon as possible after a DUI arrest to ensure their rights are fully protected.
Your Right to Appeal Denial of a Medical Certificate
An FAA medical certificate denial is not the end of the road for an applicant with a DUI. A denial based on a disqualifying medical condition can be appealed in two ways.
Persons who want to pursue an unrestricted medical certificate can appeal the decision by the FAA to the National Transportation Safety Board (NTSB). A petition for review must be filed within 60 days of the FAA denial.
If it is not possible to qualify for an unrestricted medical certificate, it may be possible to get a special issuance medical certificate. A special issuance medical certificate is issued at the discretion of the FAA and the NTSB has no authority to review the determinations. The special certificate is issued only if the FAA is convinced there is no risk to public safety.
What to Do if You Have a DUI and Want to Be a Pilot
DUI arrests or convictions are serious events that can keep pilots and aspiring pilots grounded.
However, depending on the circumstances and what has been done since the event, a DUI does not have to become a disqualifying medical condition.
If it can be successfully demonstrated to the FAA that there is no alcohol or drug dependence or abuse, an applicant should be able to obtain a medical certificate and pilot’s license.
When your livelihood may be on the line, you need every legal advantage. An experienced DUI attorney familiar with federal regulations can help you convince the FAA of your fitness to fly. Learn what can be done about your DUI and getting your pilot’s license. In southern California, schedule a free consultation with a Los Angeles DUI Attorney.
