Illegal Drug Usage and Alcohol
The mental standards for aeromedical eligibility set forth under 14 C.F.R. §§ 67.107, 67.207, and 67.307 of the Federal Aviation Regulations require that an applicant for medical certification with the Federal Aviation Administration (FAA) not have an established medical history or clinical diagnosis of substance dependence in the applicant’s lifetime, or substance abuse within the preceding two (2) years. If your application for airman medical certification with the FAA has been deferred or denied due to a determination of substance abuse or substance dependence because of illicit drug or alcohol use, the attorneys at The Ison Law Firm are here to fight for your aeromedical eligibility.
Whether the FAA can determine if an applicant has substance dependence depends on the presence, or lack, of certain criteria listed in 14 C.F.R §§ 67.107(a)(4), 67.207(a)(4), or 67.307(a)(4). If an individual is found to have just one of the following criteria, then the FAA will attempt to label that person with substance dependence: increased tolerance, manifestation of withdrawal symptoms, impaired control of use, or continued use despite damage to physical health or impairment of social, personal, or occupational functioning. A person determined to have substance dependence due to just one of the aforementioned criteria will forever be barred from holding an airman medical certificate with the FAA unless they are found to be in recovery satisfactory to the Federal Air Surgeon (see Human Intervention Motivation Studies).
Likewise, whether the FAA can determine if an applicant has substance abuse depends on whether the known facts establish the definition of substance abuse as set forth under 14 C.F.R §§ 67.107(b), 67.207(b), or 67.307(b). For the FAA to determine that an applicant has substance abuse, the Federal Aviation Regulations require a showing that within the last two (2) years the applicant used a substance in a situation in which that use was physically hazardous, had a verified positive drug test result, an alcohol test result of .04 or greater alcohol concentration, or a refusal to submit to a drug or alcohol test required by the U.S. Department of Transportation (DOT), or misused a substance that the Federal Air Surgeon finds makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held.
The Ison Law Firm frequently defends clients who have been deferred or denied an FAA medical certificate due to an alleged history or determination of substance abuse or substance dependence. A determination that an individual has one of these disqualifying mental conditions will turn heavily on the unique facts, circumstances, and history particular to the applicant.
If you have a history of substance abuse or substance dependence diagnosis or determinations, call the attorneys at The Ison Law Firm to discuss your options to establish eligibility to hold medical certification with the FAA.