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Can You Get A Pilot's License With A DUI?

Writer Ethan Hayes
Can You Get A Pilot's License With A DUI

 Pilot’s License With A DUI?

Civil aircraft pilots in Massachusetts and throughout the country are required to report to the FAA whenever they are charged with a DUI (OUI/DWI).

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A pilot is required by federal law to report any motor vehicle action that involves the following:

A conviction for violating any federal or state law prohibiting driving while intoxicated, impaired, or under the influence of alcohol.

A state-issued driver’s license may be canceled, revoked, or suspended as a result of a related DUI event.

Any state’s refusal to issue a driver’s license due to an OUI / DUI conviction.

Pilots must submit a written report to the FAA within 60 days of each of the aforementioned incidents.

Penalty for Non-Reporting:

Failure to report a DUI-related action can result in the pilot’s certification being revoked or suspended, as well as a denial of any FAA certification applications for up to a year following the action.

Certification of medical necessity and DUI

The Federal Code regulates who is eligible for an FAA medical certificate. The medical certificate is the pilot’s license. Without a current medical certificate, pilots are not permitted to fly aircraft.

There are numerous and detailed medical disqualification rules. One of the disqualifying factors is “substance dependence” on alcohol or any other controlled substance.

A DUI conviction may result in a pilot or medical certificate applicant being evaluated for alcoholism.

However, if applicants can demonstrate “recovery,” which is defined as “sustained total abstinence from the substance(s) for a period of not less than two years prior to the certification period,” the code allows for some leniency.

The FAA’s DUI Penalties

The FAA assesses each pilot certification on an individual basis to determine your suitability to fly. You may not be prohibited from obtaining certification as a result of a single DUI offense.

On the other hand, any pilot or pilot applicant who has had a driving-impaired event will need extensive documentation and records in order to certify following a DUI. Your defense attorney can assist you in obtaining all required paperwork.

BAC Refusals

The FAA considers a refusal to submit to a blood alcohol test as a conviction. If a pilot or prospective pilot is asked to take a breathalyzer test by a law enforcement officer and refuses, the refusal will be recorded as an OUI conviction by the Administration.

If you are arrested for a second DUI within three years, the administration may impose the following sanctions:

Refuse to certify anyone for up to one year following the most recent OUI incident; or

You will have your certification(s) suspended or revoked.

Consequences 

The job of a commercial airline pilot is unlike any other. Individuals aspire to be pilots for a variety of reasons, including the opportunity for travel, experiences, and success. You can almost certainly add your own personal reasons to the list, which has almost certainly grown in length since you first decided to fly.

Along with the benefits, piloting entails a significant amount of responsibility. After all, when you fly, many people entrust you with their lives, sometimes hundreds at a time. This is why the Federal Aviation Administration and your prospective employer will subject you to a thorough examination to determine your suitability to fly an airliner. Your recent DUI arrest will almost certainly be considered.