A DUI threatens a pilot’s certificate and career, requiring swift, strategic action. Here are some critical steps to navigate this crisis and protect flying privileges.
The paramount rule for pilots is clear: never drink and drive. If this principle is breached, immediate action is essential. Under 14 CFR 61.15, pilots must report any alcohol or drug-related “motor vehicle action”— DUI-related convictions or driver’s license suspensions—within 60 days to the FAA’s Security and Hazardous Materials Safety Office in Oklahoma City. Each event, such as a roadside suspension and a later conviction, requires a separate letter, a detail many miss. Failure to report risks certificate suspension or revocation for up to a year, as the FAA regularly cross-references National Driver Registry data. Having two unrelated “motor vehicle actions” within a three-year period is grounds for revocation or suspension of all airman certificates.
A DUI-related event also impacts medical certification under 14 CFR Part 67. Pilots must disclose any DUI-related arrests or convictions on FAA Form 8500-8 (MedXPress) at their next airman medical certificate application, regardless of timing. A single DUI-related event triggers scrutiny but may not disqualify a pilot. The Aviation Medical Examiner (AME) may defer the application to the FAA’s Aerospace Medical Certification Division, which could demand psychological evaluations, substance abuse counseling, or proof of sobriety, such as court records or rehabilitation program completion. The FAA scrutinizes blood alcohol content (BAC): a BAC below 0.15 may require minimal documentation, while 0.15 or higher often triggers in-depth evaluations by addiction specialists, per FAA medical guidelines. Two DUIs in a lifetime, regardless of BAC, will typically result in enhanced scrutiny as well. And, all the while, the pilot may be grounded awaiting review of his/her medical certificate application.
Private and commercial pilots face identical FAA reporting and medical certification requirements, but the stakes differ. Private pilots risk losing recreational flying, a significant but non-career-ending loss. Commercial pilots face professional ruin, as airlines often enforce zero-tolerance policies, leading to termination. Additionally, commercial pilots flying to countries like Canada may be barred from entry due to DUI convictions, classified as “serious criminality” since 2018, limiting job prospects.
Pilots should act decisively post-DUI. Hiring a DUI attorney with aviation expertise should be considered to challenge the charge, aiming to avoid a conviction or suspension. During the medical certification process, pilots must often compile comprehensive documentation—court records, police reports, sobriety evidence—and submit a candid personal statement to the FAA, avoiding minimization. Full cooperation with FAA investigations is essential, as resistance may escalate ramifications. Commercial pilots should consider notifying their employer promptly, as airline policies often require faster reporting than the FAA’s 60-day window.
But remember, even an arrest is reportable on the medical application. So while a lawyer may help, the only foolproof way to protect yourself is to not drink and drive in the first place. Once you have been arrested for a DUI, especially a second DUI or an aggravated DUI, you likely have a difficult road ahead no matter how skilled your lawyer may be.
AOPA’s network of over 600 attorneys across 50 states offers expertise in FAA regulations and medical certification. Panel attorneys proactively draft precise 14 CFR 61.15 notification letters, navigate AME deferrals, and review medical records before submission to minimize FAA scrutiny, helping pilots preserve their certificates. They liaise with the FAA, advocate during enforcement actions, and, for commercial pilots, negotiate with employers or prepare National Transportation Safety Board (NTSB) appeals. Depending on your level of membership, AOPA’s Legal Services Plan may cover up to 20 hours of representation for enforcement matters, a vital resource for pilots in crisis.
A DUI jeopardizes private and commercial pilots with certificate loss, with commercial pilots facing steeper career risks. Prompt reporting, full cooperation, and AOPA panel attorney expertise can mitigate these threats, keeping pilots in the skies.
The views and opinions expressed herein are those of the author.
