DUI Reporting Representation
Applications for Airman Medical Certification FAA Form 8500-8
If you are applying for a medical certificate with the FAA and have a history of DUI/DWI arrest or conviction, you should be aware that question 18v. on FAA Form 8500-8 Application for Airman Medical Certificate requires an affirmative “yes” response. Even if an applicant was not convicted of DUI/DWI, was found “not guilty” of DUI/DWI, or pled to a lesser included charge other than DUI/DWI, the mere fact that an applicant was arrested for DUI/DWI triggers an affirmative response to question 18v. on FAA Form 8500-8.
The aviation attorneys at The Ison Law Firm always recommend accurately answering questions posed on FAA Form 8500-8 since the failure to accurately report an arrest for DUI/DWI on your medical application can lead to the revocation of your certificates on allegations of falsification. If you have a history of DUI/DWI arrest or conviction, an affirmative answer to question 18v., however, will likely require additional review by the FAA to determine your eligibility for medical certification.
Reporting Obligations Per 14 C.F.R. § 61.15
Certificated airmen with the FAA have an ongoing obligation to advise the FAA of offenses involving drugs or alcohol pursuant to 14 C.F.R § 61.15. Within 60 days of a motor vehicle action, the airman must make a report to the FAA detailing various information required under 14 C.F.R. § 61.15(e). A motor vehicle action is defined under 14 C.F.R § 61.15(c) as:
(2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or
(3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug.
Failing to comply with the reporting obligation of 14 C.F.R. § 61.15(e) is grounds for denial of an application for any certificate, rating, or authorization issued under 14 C.F.R. Part 61 for a period of up to one (1) year after the date of the motor vehicle action, or suspension or revocation of any certificate, rating, or authorization issued 14 C.F.R. Part 61. See 14 C.F.R § 61.15(f).
Consequences of Reporting DUI/DWI
If an airman or applicant advises the FAA of a history of DUI/DWI arrest or conviction, or of a suspension/revocation of a driver’s license due to a motor vehicle action related to a DUI/DWI, the FAA will likely perform an inquiry into whether that individual has a history of “substance abuse” or “substance dependence” per the applicable mental standards set forth under the Federal Aviation Regulations.
The aviation attorneys at The Ison Law Firm routinely provide legal representation, advice, and advocacy to airmen and applicants that must report a DUI/DWI arrest, conviction, or motor vehicle action to the FAA. If you have questions about your reporting obligations, call us today!