My Flight Surgeon
Sr. Aviation Medical Examiner
I am asked by pilots who come for their flight physical “What do I have to answer for item 18v? 
History of 1)any conviction(s) involving driving while intoxicated by, while impaired by, or while under the influence of alcohol or a drug; or 2) history of any conviction(s) or administrative action(s) involving an offense(s) which results in the denial, suspension, cancellation, or revocation of driving privileges or which resulted in attendance at any educational or rehabilitation program.
The terms “DWI” or “DUI” are included in what the FAA refers to as “motor vehicle actions”. Under FAR 61.15(c), a motor vehicle action is (1) a 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; (2) the cancellation, suspension, or revocation of 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; or (3) the denial 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.
A motor vehicle action triggers the reporting requirements of FAR 61.15(e). The airman is required to provide a written report to the FAA Civil Aviation Security Division within 60 days that includes: “(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.”
What if I fail to report the motor vehicle action?:argue: FAR 61.15(f) states that failure to provide the FAA with this written report can result in (1) Denial of an application for any certificate or rating for a period of up to 1 year after the date of the arrest; or (2) Suspension or revocation of any certificate or rating. If an airman finds himself or herself in this situation, it is important to keep several things in mind in order to properly comply with FAR 61.15 and avoid the consequences of a failure to report. It is better to report late than not report at all.
There are two important things one must know to comply with the regulations. First, in many states, an arrest for DWI starts a two-track process: a civil action and a criminal action. The civil action is an administrative action against the offending driver’s license that typically results in immediate temporary suspension of the driver’s license pending the outcome of the administrative action. The criminal action is a criminal prosecution against the driver that may or may not result in the driver actually being convicted of DWI. For example, in many instances an initial charge of DWI can be reduced to a charge of a lesser offense.
Under FAR 61.15, both the civil action and the criminal action are considered motor vehicle actions. The immediate suspension of the driver’s license pursuant to the civil action triggers the obligation to make a written report to the FAA. If the driver is later convicted of DWI, another report must be made. NOTE: If you there are two seperate legal actions, you must report each independently. This multiple reporting situation makes it imperative that the driver’s statement under FAR 61.15(e)(5) clearly explain that the later conviction arose out of the same factual circumstances as the civil suspension previously reported. The absence of a clear explanation can result in confusion with the FAA incorrectly believing that the driver has had two motor vehicle actions rather than just the one.
The airman must send a Notification Letter for the suspension, then send a second Notification Letter if the alcohol related offense results in a conviction. Even though the airman sent two notification letters, FAA views the suspension and conviction as one alcohol-related incident.
Send Notification Letters to:
Federal Aviation Administration
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
or
Fax to: (405) 954-4989
To speed processing, the letter must contain the following information:
Name, Address, Date of Birth, Certificate Number, Telephone Number
Type of Violation (conviction and/or administrative action)
Date(s) of Action(s)
State Holding the Record
Driver License Number or State ID Number (if not licensed)
Statement whether this relates to a Previously Reported MVA
or use this Notification Letter template link http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi/media/Notification%20Letter%206_27.doc
The second important and often misunderstood point is that the report required by FAR 61.15(e) is separate and distinct from the answer an airman is required to provide on an Airman Medical Application, Form 8500-8. Question 18(v) of the medical application specifically asks whether the applying airman has had any convictions or administrative actions for DWI, etc. However, the answer the airman provides on the medical application does not replace or satisfy the reporting requirement of FAR 61.15. The FAA has suspended many airmen’s certificates when the airmen have incorrectly assumed that their disclosure on the medical application was sufficient.
What does the FAA think about these actions? A single driving while intoxicated (DWI) conviction or administrative action usually is not cause for denial if there are no other instances or indications of substance dependence or abuse. More than one “motor vehicle action” is a red flag that the person may be an alcoholic with poor impulse control or have a anti-social personality disorder. More than one episode will lead to the FAA taking a hard look at the airman and possibly taking action against the airman.
If you are a professional pilot there is assistance with alcohol and drug problems through the HIMS Program
( http://www.himsprogram.com/index.php ). HIMS is a program established jointly by the FAA and ALPA with the cooperation of most of the airline companies. Participation in this very intensive program may result in you being allowed to fly in 6-8 months. You will continue to participate in the HIMS monitoring program usually for a minimum of 5 years. In the HIMS Program, you will participate in an aftercare program after attending a 28 day inpatient treatment program. You will also meet with your "sponsor" on a regular basis as well as a medical sponsor. Your company will also have to provide periodic reports to the medical sponsor to be forwarded to the FAA for periodic review. Not all AMEs are medical sponsors. There is a special HIMS training program that medical sponsors attend. The usual time frame for recovery is 2 years until you are allowed to fly if you are not enrolled in the HIMS Program.
Also note that when you sign the 8500-8, you authorize the National Driver Registry (NDR), through a designated State Department of Motor Vehicles, to furnish the FAA information pertaining to my driving record. There is also a notice on the 8500-8 that states Whoever in any matter within the jurisdiction of any department or agencu of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or who makes any false, fictitious or fraudulent statements or representations, or entry, may be fined up to $250,000 or imprisoned not more than 5 years, or both. This gets my attention every time I sign the 8500-8, even as the AME.
Hopefully this clears any misconceptions one may have about DUI's and the privilege to fly. The consequences for mishandling the information and failing to report are significant.
* Italicized sections are from FAA documents.
History of 1)any conviction(s) involving driving while intoxicated by, while impaired by, or while under the influence of alcohol or a drug; or 2) history of any conviction(s) or administrative action(s) involving an offense(s) which results in the denial, suspension, cancellation, or revocation of driving privileges or which resulted in attendance at any educational or rehabilitation program. The terms “DWI” or “DUI” are included in what the FAA refers to as “motor vehicle actions”. Under FAR 61.15(c), a motor vehicle action is (1) a 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; (2) the cancellation, suspension, or revocation of 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; or (3) the denial 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.
A motor vehicle action triggers the reporting requirements of FAR 61.15(e). The airman is required to provide a written report to the FAA Civil Aviation Security Division within 60 days that includes: “(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.”
What if I fail to report the motor vehicle action?:argue: FAR 61.15(f) states that failure to provide the FAA with this written report can result in (1) Denial of an application for any certificate or rating for a period of up to 1 year after the date of the arrest; or (2) Suspension or revocation of any certificate or rating. If an airman finds himself or herself in this situation, it is important to keep several things in mind in order to properly comply with FAR 61.15 and avoid the consequences of a failure to report. It is better to report late than not report at all.
There are two important things one must know to comply with the regulations. First, in many states, an arrest for DWI starts a two-track process: a civil action and a criminal action. The civil action is an administrative action against the offending driver’s license that typically results in immediate temporary suspension of the driver’s license pending the outcome of the administrative action. The criminal action is a criminal prosecution against the driver that may or may not result in the driver actually being convicted of DWI. For example, in many instances an initial charge of DWI can be reduced to a charge of a lesser offense.
Under FAR 61.15, both the civil action and the criminal action are considered motor vehicle actions. The immediate suspension of the driver’s license pursuant to the civil action triggers the obligation to make a written report to the FAA. If the driver is later convicted of DWI, another report must be made. NOTE: If you there are two seperate legal actions, you must report each independently. This multiple reporting situation makes it imperative that the driver’s statement under FAR 61.15(e)(5) clearly explain that the later conviction arose out of the same factual circumstances as the civil suspension previously reported. The absence of a clear explanation can result in confusion with the FAA incorrectly believing that the driver has had two motor vehicle actions rather than just the one.
The airman must send a Notification Letter for the suspension, then send a second Notification Letter if the alcohol related offense results in a conviction. Even though the airman sent two notification letters, FAA views the suspension and conviction as one alcohol-related incident.
Send Notification Letters to:
Federal Aviation Administration
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
or
Fax to: (405) 954-4989
To speed processing, the letter must contain the following information:
Name, Address, Date of Birth, Certificate Number, Telephone Number
Type of Violation (conviction and/or administrative action)
Date(s) of Action(s)
State Holding the Record
Driver License Number or State ID Number (if not licensed)
Statement whether this relates to a Previously Reported MVA
or use this Notification Letter template link http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi/media/Notification%20Letter%206_27.doc
The second important and often misunderstood point is that the report required by FAR 61.15(e) is separate and distinct from the answer an airman is required to provide on an Airman Medical Application, Form 8500-8. Question 18(v) of the medical application specifically asks whether the applying airman has had any convictions or administrative actions for DWI, etc. However, the answer the airman provides on the medical application does not replace or satisfy the reporting requirement of FAR 61.15. The FAA has suspended many airmen’s certificates when the airmen have incorrectly assumed that their disclosure on the medical application was sufficient.
What does the FAA think about these actions?
A single driving while intoxicated (DWI) conviction or administrative action usually is not cause for denial if there are no other instances or indications of substance dependence or abuse. More than one “motor vehicle action” is a red flag that the person may be an alcoholic with poor impulse control or have a anti-social personality disorder. More than one episode will lead to the FAA taking a hard look at the airman and possibly taking action against the airman.If you are a professional pilot there is assistance with alcohol and drug problems through the HIMS Program
( http://www.himsprogram.com/index.php ). HIMS is a program established jointly by the FAA and ALPA with the cooperation of most of the airline companies. Participation in this very intensive program may result in you being allowed to fly in 6-8 months. You will continue to participate in the HIMS monitoring program usually for a minimum of 5 years. In the HIMS Program, you will participate in an aftercare program after attending a 28 day inpatient treatment program. You will also meet with your "sponsor" on a regular basis as well as a medical sponsor. Your company will also have to provide periodic reports to the medical sponsor to be forwarded to the FAA for periodic review. Not all AMEs are medical sponsors. There is a special HIMS training program that medical sponsors attend. The usual time frame for recovery is 2 years until you are allowed to fly if you are not enrolled in the HIMS Program. Also note that when you sign the 8500-8, you authorize the National Driver Registry (NDR), through a designated State Department of Motor Vehicles, to furnish the FAA information pertaining to my driving record. There is also a notice on the 8500-8 that states Whoever in any matter within the jurisdiction of any department or agencu of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or who makes any false, fictitious or fraudulent statements or representations, or entry, may be fined up to $250,000 or imprisoned not more than 5 years, or both. This gets my attention every time I sign the 8500-8, even as the AME.
Hopefully this clears any misconceptions one may have about DUI's and the privilege to fly. The consequences for mishandling the information and failing to report are significant.
* Italicized sections are from FAA documents.
