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7 Answers

Can I complete my commercial check ride with a recent DUI?

Asked by: 3824 views , , ,
Student Pilot

Hello,

As the title suggests, I'm in a world of trouble and I'm trying my very best to salvage what little I have left for a future in flying. 

In short, I have been training the last two weeks to prepare for the commercial checkride and was very close to being signed off by my instructor, until I chose to make my life very difficult with my first DUI two days ago. 

I know I need to send two letters (conviction and driver license suspension) to the FAA to comply with 61.15. Additionally, I will need to comply with the medical application by marking yes in 18 - v on the medical application. Unfortunately, I blew above >.15, so my application will be differed to the FAA for evaluation. I'm hoping as this is my first DUI and with no history of drinking problems my medical will be released from the FAA.

Where the waters become a bit murky is regarding if I'm grounded until I get a new medical at which point I will be able to resume my training. Or, since my medical doesn't expire for another two years and as long as I submit my two letters to the FAA, can I continue on with my training and take my commercial checkride?

I spoke with an attorney and the later appears to be the case and I'm still waiting to hear back from some personnel in the FAA (medical certification branch).  However, I want to make sure I follow all of FAA's regulations and and avoid any infraction. I'm reaching out to anyone who has some additional advice or experience in this situation. I would truly appreciate all the help I can receive.

I know its hard not to judge an individual based upon a quick synopsis, but I just want to make a point known that I'm not a heavy drinker (I honestly rarely drink and wont be for a very long time). I'm also attending graduate school for my masters and have a 4.0 GPA.  I've never broken a law until now and I'm finding out this will be very crushing to my professional career.  I'm trying my hardest to rectify this while being a beneficial member to society.

Thank You

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7 Answers



  1. Kris Kortokrax on Mar 08, 2017

    Okay.

    Since the medical certificate seems to be the real issue, let’s take a look at the regulations.

    61.39 (a) (4) requires that you possess a third class medical in order to be eligible for a practical test.

    Do you have in your possession a third class or higher medical certificate? If so, then you should be able to take the test. You need to fill in the class, doctor’s name and date of the medical on the 8710-1 application. As long as you have not received a letter from the FAA stating that your medical certificate has been suspended or revoked, it should still be valid.

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  2. jeff on Mar 09, 2017

    Kris,

    you are correct, but…… doesnt the current version of the 8710/Iacra ask the question about alcohol/drug arrests/convictions? Its been a while since I filled one out. If its just convictions he can answer no, but if it asks about DUI arrests, then it may open a can of worms and prompt an investigation.

    OP. you are definately going to want an attorney that has experience with FAA matters helping you navigate this.. if you belong to AOPA then I would surely make use of their legal services plan. you can actually call them in advance to get advice. If you are wishing a career in aviation, you are going to need an attorney with experience.

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  3. Kris Kortokrax on Mar 10, 2017

    There is no question on the 8710-1 concerning alcohol.

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  4. Mark Kolber on Mar 13, 2017

    Your question comes down to, “does 61.53 require me to self-ground when I get a DUI?” Unfortunately, beyond the list of automatically disqualifying conditions in Part 67, there is no solid guidance on the pretty vague “Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate necessary for the pilot operation.”

    I suspect, unless you believe or a physician tells you you have a alcohol abuse problem, Kris is probably right.

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  5. flash on Apr 27, 2017

    Wilco, you are asking about how to proceed in the near term, and I agree with Jeff, find a good attorney.

    You also have a long term problem, which is that you will likely be denied a medical certificate next time you apply for one. You might be well served to find a medical service that, like an attorney for the near term issue, can guide you as you apply for reinstatement.

    One outstanding such service is Aviation Medical Advisory Service. AMAS has a tremendous amount of experience, and success, helping aviators such as yourself put their careers, and lives, back together. I strongly recommend you give them a call. https://www.aviationmedicine.com

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  6. steepturns on Feb 08, 2020

    Wilco, I have seemed to have found myself in the exact same unfortunate circumstance. Huge mistake. I was wondering what happened to you. Were you able to take your comm checkride? Mine is in two weeks. I checked and both my license and medical are still valid as of right now. Also did you check yes or no on IACRA for the question: “Have you been convicted for violation of Federal or State statutes relating to narcotic drugs, marijuana, or depressant or stimulant drugs or substances?” I have been convicted of a DWAI for my BAC but this question does not explicitly state alcohol. Lastly, how did it go when applying for your last medical. Please fill me in if you view this. Hope all is well you live and you learn right.

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  7. steepturns on Feb 08, 2020

    I have been compliant in sending both letters of notification.

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