Since the Federal Aviation Administration (FAA) doesn’t go back a specific number of years when conducting background checks, a DUI over 10 years ago may make an FAA medical certificate harder to get.
The FAA requires applicants to disclose any past criminal convictions, including DUIs, when applying for a medical certificate. However, a DUI that occurred more than 10 years ago might not automatically disqualify you, especially if you have maintained a clean record since then.
Hiring a Los Angeles DUI lawyer to help you get your DUI charges dropped is the easiest way to avoid issues with your FAA background check. Let’s take a closer look at how the FAA checks for DUIs and how a conviction can affect your certification.
If You Got a DUI Over 10 Years Ago, Will Your FAA Medical Certificate Get Denied?
The Federal Aviation Administration (FAA) must ensure the pilots and other safety-sensitive employees it certifies are properly trained and free of substance abuse issues that could lead them to operate an aircraft while impaired.
With so many lives at stake, the FAA must do its due diligence to investigate the history of pilots and others performing other safety-sensitive duties. Therefore, the FAA will conduct a thorough background check to determine if you’re fit to become a pilot or other type of employee.
As mentioned earlier, the FAA will likely check your entire record, looking back as far as they can to see if you have any convictions. If you have a DUI anywhere on your record, it could be difficult for you to get your pilot’s license or obtain employment. However, the FAA will likely be more lenient with offenses that were committed more than five to 10 years ago.
Instances You Must Report to the FAA When Seeking a License or Certificate
In addition to understanding how far back the FAA checks for a DUI, it can be helpful to know what you’re required to report to the administration. On your FAA medical application, you must report the following:
- Arrests or convictions for drug or alcohol-related crimes, which include DUIs
- Arrests, convictions, or other administrative actions for incidents leading to the suspension or revocation of driving privileges
- Arrests, convictions, or other administrative actions for other incidents that required your attendance in a substance-use or DUI rehabilitation program
Partnering with a Los Angeles DUI attorney will ensure you fill out the required information appropriately and thoroughly. Your attorney will guide you through including the necessary details and outcomes to uphold FAA reporting requirements and serve your professional interests.
FAA Medical Clearance and DUIs
One step required to become a pilot is to get a certificate of medical clearance from an aviation medical examiner (AME). Part of the AME’s comprehensive examination is investigating the applicant’s driving history for DUI incidents. As the applicant, you must report any DUIs to the AME.
Your certification will probably be delayed or rejected if you have a DUI on your record. The burden will be on you to prove to the AME you do not have a substance abuse problem and have followed through on recovery.
Additional factors can cause further delays or prevent approval. For example, if your blood alcohol concentration (BAC) at the time of your DUI exceeded 0.15% or you refused to submit to a blood-alcohol test when arrested for DUI, the AME will probably defer your application to the FAA. In this case, you’ll have to complete more paperwork and provide more evidence of your sobriety.
DUI History and Medical Recertification
Pilots have to undergo medical recertification throughout their careers. So, even if you are already a pilot, any DUI incidents added to your history can affect that recertification.
Certifications are valid from six to 60 calendar months, depending on the class of the certificate (first, second, or third) and the pilot’s age. A certification’s “class” relates to the pilot’s responsibilities, such as how many passengers they are transporting, whether they are transporting cargo (rather than people), or if they are flying recreationally.
Guidelines for Aviation Medical Examiners Regarding DUI History
The FAA’s application for medical certificates states that a single DUI episode does not automatically result in an applicant’s denial if there are “no other instances or indications of substance dependence or abuse.” The AME is instructed to inquire about the applicant’s alcohol use history and the specific circumstances of their DUI and document those details.
Guidelines for reporting those details vary depending on the circumstances of the DUI incident and apply to applicants and pilots who were issued DUIs during their careers. Conditions are categorized as follows:
- History of alcohol-related events or alcohol dependence
- Single event five or more years ago involving a BAC of 0.15% or higher
- Single event less than five years ago, or a single event at any time with an unknown BAC or refused a breathalyzer, or with a BAC of 0.15% or higher
- Two or more events in the pilot’s lifetime or history of dependence or substance use disorder
If you are undergoing medical recertification, it’s normal to wonder how far back the FAA checks for DUIs. A skilled lawyer can work with you to determine if a DUI will impact your recertification. Depending on your situation, an attorney may also be able to help you fight your DUI charges, ensuring your record is free from convictions that could damage your career.
Rules to Follow When Reporting Your DUI to the FAA
If you have a pilot’s license or have submitted an application for one and have been involved in a drug or alcohol-related motor vehicle action (MVA), the FAA has specific and strict rules for how and when you must report the incident to the FAA’s Security and Hazardous Materials Safety Office. You must report administrative actions, which include but are not limited to:
- Drivers’ license suspension, revocation, or cancellation for chemical test failure or refusal
- 10-day civil revocations of your driver’s license
- Express consent or administrative per se orders (suspensions for BAC of 0.08% or higher or chemical test refusal)
You must submit the letter 60 days from the date of the incident. You must also send a second notification letter upon subsequent convictions for DUI or other charges related to operating a vehicle while impaired.
A DUI Does Not Have to Be the End of Your Aviation Career
You do not have to let a DUI arrest or conviction cause you to give up on your aviation career. Instead, you can work with an attorney to get your charges dropped or reduced to an offense that won’t impact your ability to get your pilot’s license.
The more proactive you are during this period, the more likely you’ll be able to forget about your DUI and move on to achieve your goals.
Steps an Attorney Can Take to Help You Avoid a DUI Conviction
When you hire a Los Angeles DUI lawyer, they’ll take many steps to combat your DUI charges. They’ll see your case through from start to finish, making sure to do everything they can to get the best results possible.
Here’s what you can expect your attorney to do to help you avoid a DUI conviction:
- Investigate your arrest
- Gather witness statements, accident reports, photo evidence, and other records to build a strong defense
- Challenge the arresting officers’ conduct and the validity of field sobriety tests
- Analyze breathalyzer and blood test results
- Work with prosecutors to negotiate a plea bargain
- Present facts-based opening and closing arguments in court
- Work hard to convince the jury that your chargers should be dropped
- Address any questions or concerns you have about your case
- Explain how far back the FAA checks for a DUI
As you can see, an attorney can offer comprehensive legal guidance and representation after a DUI arrest. No matter how serious your impaired driving offense was, you can rest assured that an experienced lawyer will be able to get the outcome you need to protect your career path.
Learn More About How Far Back the FAA Checks for a DUI
Whether you dream of becoming a pilot or are well into your aviation career, you do not want a DUI charge to destroy that dream or impact your livelihood. Fortunately, a skilled attorney can provide an effective, robust defense against these charges and mitigate their consequences.
Contact Los Angeles DUI Lawyer today to get connected with an experienced attorney and learn more about your rights and legal options after a DUI arrest.
A compassionate attorney will explain the DUI defense process, answer any questions you have about your case, and even explain how far back the FAA checks for DUIs. We look forward to hearing from you soon and pointing you toward the advice you need to defend your career in aviation.
