Top 5 Things Pilots Need to Know About DUI/DWI Reporting

By Bo Kalabus
bo@kalabuslaw.com
www.rosenthalwadas.com
www.kalabuslaw.com

Office: 972-562-7549
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1. Pilots who are charged with a DWI/DUI (even first-time offenders) AND whose blood-alcohol content exceeded 0.15 percent when charged OR who refused a blood alcohol test will automatically have their next FAA medical application deferred–yes, that’s right your medical is toast when you have to check “yes” at line 18.v of FAA Form 8500-8, least for the time being. The local AME will be required to transfer this application to the FAA’s aerospace medical certification division for further review.

2. If a pilot’s medical application is deferred for this reason, he or she must receive a substance-abuse evaluation from a recognized counselor (DOT substance abuse professional) in order to be further considered for a medical certificate. This can be a very expensive and lengthy process. An AME cannot perform this evaluation without additional certification by the DOT (not the FAA). 

This will make the renewal process longer and more arduous. Pilots must account for the additional time needed when reapplying for a medical certificate post-DUI/DWI incident.

3. Pilots must report arrests, convictions and administrative actions by checking “yes” at line 18.v of FAA Form 8500-8. Failure to report and provide the requested information will result in the revocation of your medical certificate and your airman certificate.

4. Pilots must also report to the FAA any DUI/DWI-related actions within 60 days to FAA Security, per Title 14 Code of Federal Regulations part 61.15 (e). If airmen do not report such occurrences within 60 days, they are risking a revocation or suspension of their airman certificate and medical certificate. Pilots must also report any such occurrences on their next FAA medical examination. It’s important to note that just because you reported your DUI/DWI to your AME, this does not satisfy the reporting requirement under 61.15(e)–you must report this separately

5. The FAA cross-checks national databases weekly, such as the National Driver Registry, to see if any airmen have a DUI/DWI-related arrest, conviction or administrative actions and then checks medical examination records to see if those identified pilots have informed the FAA of the offenses. If not, those airmen could lose their airmen and medical certificates.

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