By Dr. Keith Martin, Associate, ALPA Aeromedical Advisor
Air Line Pilot, September 2003, p. 6

I recently had a second DUI/DWI [driving under the influence/driving while intoxicated conviction]; should I be concerned?

Yes. Changes in FAA medical standards FAR Part 67 have affected the guidance of the Federal Air Surgeon (FAS) to your aviation medical examiner. The following standards are required to hold a U.S. airman medical certificate:

"(b) No substance abuse within the preceding 2 years defined as:

"(1) Use of a substance in a situation in which that use was physically hazardous, if there has been at any other time an instance of the use of a substance also in a situation in which that use was physically hazardous."

A "substance" is defined in the regulation as "Alcohol; other sedatives and hypnotics; anxiolytics; opioids; central nervous system stimulants such as cocaine, amphetamines, and similarly acting sympathomimetics; hallucinogens; phencyclidine or similarly acting arylcyclohexylamines; cannabis; inhalants; and other psychoactive drugs and chemicals…."

The FAS has determined that a conviction or administrative action related to driving and alcohol use (DUI, DWI, etc.) would be considered "a situation in which that use was physically hazardous." The FAS has instructed all AMEs to defer the issuance of an airman medical certificate if a pilot reports a second offense on an FAA application. The deferral generally results in a request for a drug and alcohol abuse evaluation from the FAA Medical Certification Division in Oklahoma City. If the evaluation determines that the pilot has not been diagnosed as drug- or alcohol-dependent, the FAA will issue the airman certificate. This process can be time-consuming (6–10 weeks), during which time an airman will be without a medical certificate.

In addition to reporting the offense on your next FAA Application for Airman Medical Certificate, you must report to FAA Civil Aviation Security Division as outlined in the following regulation:

"a. A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:

"1. Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or

"2. Suspension or revocation of any certificate, rating, or authorization issued under this part.

"b. Committing an act prohibited by Sec. 91.17(a) or Sec. 91.19(a) of this chapter is grounds for:

"1. Denial of an application for a certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that act; or

"2. Suspension or revocation of any certificate, rating, or authorization issued under this part.

"c. For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means:

• "a conviction after November 29, 1990, for the violation of any Federal or State statute relating 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;

• "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

• "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.

"d. Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action is grounds for:

• "Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the last motor vehicle action; or

• "Suspension or revocation of any certificate, rating, or authorization issued under this part.

"e. Each person holding a certificate issued under this part shall provide a written report of each motor vehicle action to the FAA, Office of Security and Hazardous Materials (AMC-700), PO Box 25810, Oklahoma City, OK 73125; or fax to (405) 954-4989; not later than 60 days after the motor vehicle action. The report must include:

"1. The person’s name, address, date of birth, and airman certificate number;

"2. The type of violation that resulted in the conviction or the administrative action;

"3. The date of the conviction or administrative action;

"4. The State that holds the record of conviction or administrative action; and

"5. A statement of whether the motor vehicle action resulted from the same incident or arose out of the same factual circumstances related to a previously reported motor vehicle action.

[Note you can download FAA DUI Reporting form at www.aviationmedicine.com/fduiform.pdf.]

"f. Failure to comply with paragraph (e) of this section is grounds for:

"1. Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of the motor vehicle action; or

"2. Suspension or revocation of any certificate, rating, or authorization issued under this part."

More information on these regulations may be found by going to the FAA DUI/DWI home page found at http://asi.faa. gov/duidwi/.

Anyone involved with a driving offense related to alcohol/drug may also want to contact the ALPA Aeromedical office for assistance. We can help in trying to prevent delays at the time of the airman’s next FAA medical exam. Remember every situation is different.

Attendance at AA is not a disqualifying medical condition. The FAA will consider your history carefully, but will most likely require only a short statement from you and your AA sponsor and perhaps some documentation that you have had no alcohol-related problems on the job. The FAA fully understands the AA recovery process and is supportive of individuals coming forward in this declaration.

All cases are unique, and we strongly advise you to contact the ALPA Aeromedical Office before communicating with the FAA. Be assured, we treat all information as strictly confidential.

Past articles of interest in the Federal Air Surgeon’s Medical Bulletin regarding FAA certification and substance abuse include the following:

www.cami.jccbi.gov/AAM-400a/FASMB/FAS9803/subs_abs.htm;

www.cami.jccbi.gov/AAM-400a/FASMB/FAS200203/editor_alcohol.htm;

www.cami.jccbi.gov/AAM-400a/FASMB/FAS200102/sober.htm;

www.cami.jccbi.gov/AAM-400a/FASMB/fas9803/alcohol.htm.