An Alcohol Arrest and Piloting Any Aircraft Means Trouble

FAA Pilots Have Dual Reporting Responsibility for DUI-DWI or Driver's License Action

Using alcohol and flying aircraft don't mix. Students who take pilot training learn operating rules such as no alcohol at all for 8 hours prior to flying. Students also learn when pilots must report alcohol-related motor vehicle violations to the FAA.

Actually, two reporting requirements exist for all pilots. Complying with one does not satisfy the requirement of reporting to the other FAA department.  The biggest transgression is not being cited for DUI or DWI, or losing an administrative driver’s license action.  The most heavily sanctioned action is NOT reporting an adverse driver’s license action to the FAA in a timely fashion.

One report that must be made is for the application for an airman medical certificate.  These are required before permission to fly will be granted, and are renewed annually of all pilots.  The form for this report can be found here: http://download.aopa.org/epilot/2006/8500-8.pdf.

A more obscure reporting obligation appears in the Federal Aviation Regulations (FARs). It requires reporting a "motor vehicle action" not later than 60 days after the motor vehicle action is taken. "One of the distinctions is that this notification must be made to the FAA within a short time after the event occurs and may not wait until your next medical examination. In addition, the notification must be made to the FAA's security office, not the medical office; thus, disclosing this information on the medical application form, which you may have to do also, does not discharge your responsibility to report the information under F.A.R. §15.  See this link for details: http://www.flightsimaviation.com/data/FARS/part_61-15.html." Kathy Yodice explained in the July 2001 AOPA Flight Training's "Legal Briefing" column. Read this column to understand the breadth of the definition of a "motor vehicle action."

The consequences of reporting an incident will put several reviews by FAA into action.  As John Yodice said in the May 2002 AOPA Pilot column "Pilot Counsel: Flying and Driving, "The effects of a report, or a failure to report, are serious. If a pilot does report a motor vehicle action, it will automatically trigger a review of the pilot's file to determine if the pilot continues to be eligible for his or her airman certificate (two or more in a three-year period and you are out) or medical certificate (a history of alcoholism). If a pilot fails to report even one conviction or administrative action, that is grounds for suspension or revocation of any pilot certificate or rating he holds. It is also grounds for denial of an application for a certificate or rating for up to one year after the date of the motor vehicle action."

“Although an overwhelming number of FAA cases involve alcohol, drug-related DUI-DWI arrests can create the same adverse consequences,” warns DUI author and trial attorney William C. Head of Atlanta.  “Refusing a blood test or a urine test where a police officer has reasonable suspicion of impaired driving as a result of drugs, inhalants or other impairing substances (including alcohol) can trigger revocation of flying privileges if this adverse driver’s license action has been issued”, Head advises.  See F.A.R. §14.  See these related provisions: http://www.flightsimaviation.com/data/FARS/part_61-14.html.