Aspiring pilots often wonder if an alcohol-related arrest or conviction on their record means they will be disqualified from the process before they even get started.
In most cases, they won’t. However, having previous convictions for Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Operating While Intoxicated (OWI), or Boating While Intoxicated (BWI) can make the process a lot harder.
If a determination is made by the FAA that you engage in substance abuse or suffer from substance dependence, it could mean facing significant delays and additional administrative requirements before being able to obtain an aviation medical certificate.
If you’re looking to become a commercial pilot rather than a private pilot, you also need to consider whether your criminal record will impact your ability to enter foreign countries, such as Canada.
Becoming a Pilot With a Past DUI
Flying a plane is a high-stakes activity that can leave the safety of hundreds of people in the hands of the person in the cockpit. That’s why if you have certain medical conditions, such as a seizure disorder, it is understandable that you would generally be excluded from becoming a pilot.
In the same way, an individual’s abuse of or dependency on drugs or alcohol can be viewed as a major red flag and an indication that they would pose a significant risk to aviation safety.
That’s why a conviction for an impaired driving offense can be a major obstacle to passing an aviation medical examination.
Getting a Pilot’s License
Before becoming a licensed pilot in the US, you need to obtain a medical certificate. That means being examined by a Federal Aviation Administration (FAA) designated Aviation Medical Examiner.
The examiner will assess whether you are physically and mentally fit enough to operate an aircraft safely by conducting various tests and looking at your medical history. You will also be asked to disclose any history of arrests or convictions for driving while under the influence of alcohol or a drug.
Medical Certification Challenges
If you have a criminal history that includes a DUI or DWI conviction, you will be required to provide a range of documentation that relates to the offenses. This may include court records, police reports, proof of completing any rehabilitation programs, and evidence of an ongoing commitment to sobriety.
In some cases, you may be required to enter into a treatment program, such as the HIMS Program, or be monitored for a significant period of time before obtaining your medical certificate. This could include regular blood alcohol testing.
Important factors that the examiner will consider are how long ago the alcohol-related event was, what your blood alcohol concentration was at the time, and whether it was a single incident.
If you have two or more alcohol-related events in your history (such as DUI convictions), had a measured blood alcohol content (BAC) of 0.15 or above during an event, or a single event that was less than five years ago, your journey towards obtaining a medical certificate is likely to be much more lengthy and complex.
Reporting DUI/DWI to the FAA
The requirement to disclose a previous arrest or conviction for impaired driving, which we have discussed, is outlined in Title 14, Part 67 of the Code of Federal Regulations (CFR). There is no time limit set, meaning when you are applying for a medical certificate, you must report any impaired driving event that has occurred at any point in your life.
A different regulation—14 CFR Part 61.15—pertains to individuals who are already pilots or student pilots, referred to as ‘Part 61 certificate holders’ in the regulation. It requires them to report any new drug and/or alcohol-related motor vehicle accident (MVA) to the FAA within 60 calendar days. These reports are commonly referred to as ‘notification letters’.
A relevant MVA here includes a conviction for any driving/operating while impaired offense or having your driver’s license suspended for an alcohol or drug test failure or refusal.
Consequences of Not Reporting Your DUI Conviction
If you fail to abide by these reporting requirements, your certificate, rating, or authorization to fly planes can be suspended or revoked by the FAA.
International Travel Complications
Obtaining a pilot’s license to fly internationally or commercially can be problematic for those with a criminal record.
Many countries have strict entry requirements that prohibit entry to individuals with certain convictions on their record, and what is considered a minor crime in your home country could be regarded as much more serious elsewhere, particularly when it comes to alcohol and drug-related offenses.
Criminal Inadmissibility to Canada
Since 2018, most impaired driving offenses have been regarded as ‘serious criminality’ in Canada. This means that any previous convictions for offenses such as DUI, DWI, OWI, or dangerous driving are now likely to result in you being deemed criminally inadmissible to Canada.
Another consequence of this change is that individuals with these kinds of convictions on their record are no longer automatically deemed rehabilitated ten years after the offenses occurred.
Options for Pilots With Canadian Entry Issues
Not being admissible to Canada due to a previous drunk driving conviction likely means that you will not be able to secure employment as a pilot at any major American airline.
However, there are processes in place to overcome this criminal inadmissibility. Criminal Rehabilitation, if granted, is a permanent solution for those seeking entry into Canada with drunk driving on their criminal record. By demonstrating that you’ve undergone a positive transformation and rehabilitation since your offense, you can become admissible to the country.
Processing times for this option can be quite lengthy, so please plan ahead and initiate the process as soon as possible. To apply, you must have completed all sentencing and probation requirements at least five years ago. If your application is successful and you are not convicted of any additional crimes, criminal rehabilitation never expires.
Our experienced Canadian immigration lawyers at Dogen Law can assist you with this process, ensuring you have the best possible chance of success and receive a response from Canadian immigration authorities as quickly as possible.
How Dogen Law Can Help
If you have a criminal record and believe that being unable to enter Canada might prevent you from becoming a pilot, we can help. Canada’s criminal rehabilitation process outlines a clear path for individuals with foreign convictions to potentially overcome inadmissibility completely.
At Dogen Law, we have extensive experience helping clients navigate the various legal pathways to visit or immigrate to Canada. Get in touch today by completing our online assessment to see if you are eligible. If you still have questions about the process, you can also call our toll-free number for a free consultation.
Frequently Asked Questions
Can you become a pilot with a DUI?
Yes, you can become a pilot with a DUI on your record, but the process can have additional challenges. You’ll face increased scrutiny from the FAA and have to go through a more complex application process to obtain a pilot’s license.
You may also find it more challenging to become a commercial airline pilot, especially if your criminal record prevents you from traveling to international destinations such as Canada.
In both cases, it’s important to be completely honest about any previous convictions you have and to be able to demonstrate your rehabilitation since the incidents happened.
Can you get a private pilot’s license with a DUI?
Obtaining a private pilot’s license when you have a previous DUI is possible but still more complicated than if you had a clean record. Even if you don’t plan on becoming a commercial airline pilot, you will have to prove to an aviation medical examiner that you do not have an ongoing substance abuse problem in order to obtain the required medical certificate.
If you want to get a private pilot’s license and have two DUIs, it will likely be much more difficult. The FAA medical certificate is harder to obtain if you are thought to suffer from substance abuse or substance dependence, and multiple DUIs can act as strong evidence that you have continued to engage in alcohol use even when it has had negative consequences to your personal and social functioning.
Do airlines hire commercial pilots with previous DUIs?
Yes, some do. Airline hiring policies vary widely, with some being much stricter than others, but a single DUI arrest or conviction is unlikely to completely exclude you from being hired as an airline pilot.
Several important factors will be considered when your application is being assessed, including how much time has passed since the conviction, if there are multiple instances in your history, and whether there is evidence that you have made efforts to rehabilitate yourself.
How far back does the FAA check for DUI?
There is no time limit for FAA background checks. They can review your entire criminal and driving history. You are required to report ALL alcohol-related offenses on your medical certificate application, regardless of how long ago they occurred. This will be required to receive medical certification.
