Surprisingly, around half of them admit to refusing a breathalyzer test, resulting in no recorded BAC. This refusal presents a significant problem for pilots.
Many DUI attorneys in the United States advise drivers to refuse roadside sobriety checks, including breathalyzer tests, during traffic stops. While this advice may be appropriate for the general public in some cases, it can have severe consequences for pilots. I leave it to local DUI attorneys to discuss its legality or advisability for non-aviators. However, for pilots, refusing a sobriety test can jeopardize their FAA Medical Certification.
The FAA Aerospace Medical Certification Division (AMCD) generally views refusals as indicative of substance dependence, creating serious problems for both current pilots and those seeking certification, including the possible denial of a medical certificate.
Refusing a BAC test is one of the FAA's key indicators of potential substance abuse or dependence among pilots. The other two main indicators are having a significantly high BAC level (0.15% or above) at any time (not just during traffic stops) and involvement in multiple alcohol-related incidents.
Potential alcohol-related incidents encompass more than just roadside automobile arrests; they can include any occurrence or injury linked to alcohol consumption. This includes operating any motor vehicle (e.g., boat, ATV, or snowmobile), public intoxication, emergency room visits, and criminal convictions resulting from actions taken while intoxicated. The FAA views any combination of these events with concern.
Pilots with a history of an alcohol-related event first undergo an initial evaluation by their Aviation Medical Examiner (AME) for substance abuse or dependence. If your AME's assessment is that one of the key indicators is triggered, she will defer your application to the AMCD—they hold the ultimate decision-making authority regarding approval.
The AMCD’s assessment generally hinges on recorded BAC levels to assess a pilot’s fitness. If, however, a police report lacks a recorded BAC level, the AMCD routinely presumes it to be higher than 0.15%. Regrettably, this presumption can significantly lengthen the path to obtaining a medical certificate; often through the HIMS Program.
It is crucial to remember that actions outside the cockpit can affect one's ability to be in the cockpit. For pilots, it is generally advisable to undergo a breathalyzer or field sobriety test whenever requested. Refusing may only exacerbate an already challenging situation.
Always bear in mind – with great horsepower comes great responsibility.
Chris Pezalla serves as a partner at the Law Offices of Robert M. Strumor, LLC, while also maintaining a professional pilot career. Focusing on aviation-related issues, his legal practice centers on matters related to pilot flight and medical certification. Chris holds FAA type-ratings for the Boeing 737 and 747 aircraft, as well as various regional aircraft.
