Pilots and Alcohol testing?

Bandit_Driver

Bandit_Driver

Gold Member
We've all seen the pilots on the jetway doing a field sobriety tests. My questions must a pilot agree to doing a field sobriety test? Is there FAA ramifications for not agreeing to it.

Is a sloped jetway even the proper place for one?

Can a pilot just request a breathalyzer or blood draw?

lastly what happens if a Portable Breathalyzer unit is positive but the table top machine later says no?
 
Disclaimer: I'm an attorney, but I do NOT practice criminal law. That said, this is the first attorney I have EVER heard that recommends that pilots agree to and take a FST. As far as I know, this is NOT a "DOT approved" testing method and serves only the prosecution. I might be out in left field but I would dig deeper into this if I was a pro pilot.
 
HeyEng said:
Disclaimer: I'm an attorney, but I do NOT practice criminal law. That said, this is the first attorney I have EVER heard that recommends that pilots agree to and take a FST. As far as I know, this is NOT a "DOT approved" testing method and serves only the prosecution. I might be out in left field but I would dig deeper into this if I was a pro pilot.
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The reason this is the only lawyer who you've ever heard say this is because this is the only lawyer that is looking at it from a pilot perspective. All the other lawyers who talk about this in YouTube videos and podcasts are looking for a way to beat the DUI. Beating the DUI in court does not solve the FAA problem and can actually make the FAA medical issue worse, as the FAA takes the arrest report, the pilot's refusals, and assumes the worst case scenario.

Non-DUI example of the difference. Years ago, a pilot friend called me. The pilot had just been hired by an airline and had been charged with a reckless driving offense. The pilot was offered a reduction of the charge to speeding with attendance at a defensive driving school. Like most any other lawyer would, this pilot's lawyer recommended taking that great deal. The pilot wanted me to speak to their lawyer to explain why it was not a good deal. When the pilot's lawyer went back to the prosecutor, rejected the deal, and asked for something more serious, the prosecutor was absolutely shocked, but of course, agreed.
 
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