FAQ: DUI's and alcohol/drug abuse

Add on post to the topic at hand. I had a DWI when I was 20 years old, blew .0825. I'm now 44. No other DUI/DWI's and only 2 moving violations since then, and both which allowed for defensive driving to remove from insurance records.

I've been flying since I was 14, got my PPL when I was 19 and have had PPL since 1999. Last class 3 medical I was issued was in 2001, so after the DWI.

I went on a 20 year hiatus from flying, moved, didn't have a car, got married/kids, etc so didn't pick things back up until 2022 when I got current and started training for my IFR. I have 400 TT including complex, HP and TW endorsements. I took the written IFR test in May of 2023, got a 97, then was planning check ride. I hadn't yet addressed the medical as I didn't think it would be an issue, shame on me.

I got on Zoloft in 2020 coming out of Covid as my job involves lots of presentations and public speaking, which I do not enjoy. Being locked up and everything virtual, then going back to in person made something uncomfortable pretty much unbearable. Zoloft has helped this immensely.

However, during the Zoloft/SSRI deferral process which started 10/2022, which was a year in to the medical application process, a bad habit of drinking got worse and I checked myself into an IOP treatment to help get sober. Subsequent to this the Zoloft treating physician's notes showed that, at my own admission, I had been using alcohol to deal with work related stresses.

So earlier this month (June 2024) the FAA declined the class 3 for both use of an approved SSRI (Zoloft), needing more data from the treating physician and updated HIMS evaluations, as well as the standard alcohol HIMS process. I've already started the random screening, have been attending AA and have a sponsor. I also have been connected to some amazing other pilots that had histories of alcohol abuse, so I am grateful for that.

Given the BAC of .0825 over 24 years ago, my proactive seeking of treatment prior to FAA mandating, as well as having been issues a prior class 3, etc...any idea what next steps might look like?

Thanks in advance!
 
Agree with all of this. The FAA will commonly require 2-3 months minimum of 'monitoring' with a HIMS AME before consideration of any special issuance.

Also, Birds of a Feather is a great peer support program for just pilots!
robin ardoin said:
@Masmas1 If you are not participating in a recovery program (AA, Celebrate Recovery, …etc), start now and document twice weekly attendance. Show the FAA that you accept that you have an issue and are actively ‘treating’ it. This will be necessary regardless of the class of medical you seek. A class 3 Special Issue can be decided in OKC and may be quicker and can get you on your path for PPL and other ratings. Seek advice from a HIMS AME prior to starting any medical application.
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If you had only the DUI alone (> 5 years ago and BAC < 0.15) the AME could issue the certificate on day of exam as long as you provided supporting documentation that would get uploaded to your Med Express for FAA review.

Given the subsequent abuse/possible dependence on ETOH and concurrent use of antidepressant you will definitely need a special issuance, but if you're currently stable/unimpaired with low risk of recurrence and all of your evaluations and letters are favorable, you have a very high chance for recertification with SI and continued monitoring. Hope you're working with a good HIMS AME as you'll save yourself a ton of time to get back in the cockpit!

Good luck...even tho you're a Longhorns fan lol

GO BUCKS! O-H...
UTLonghorn_1979 said:
Add on post to the topic at hand. I had a DWI when I was 20 years old, blew .0825. I'm now 44. No other DUI/DWI's and only 2 moving violations since then, and both which allowed for defensive driving to remove from insurance records.

I've been flying since I was 14, got my PPL when I was 19 and have had PPL since 1999. Last class 3 medical I was issued was in 2001, so after the DWI.

I went on a 20 year hiatus from flying, moved, didn't have a car, got married/kids, etc so didn't pick things back up until 2022 when I got current and started training for my IFR. I have 400 TT including complex, HP and TW endorsements. I took the written IFR test in May of 2023, got a 97, then was planning check ride. I hadn't yet addressed the medical as I didn't think it would be an issue, shame on me.

I got on Zoloft in 2020 coming out of Covid as my job involves lots of presentations and public speaking, which I do not enjoy. Being locked up and everything virtual, then going back to in person made something uncomfortable pretty much unbearable. Zoloft has helped this immensely.

However, during the Zoloft/SSRI deferral process which started 10/2022, which was a year in to the medical application process, a bad habit of drinking got worse and I checked myself into an IOP treatment to help get sober. Subsequent to this the Zoloft treating physician's notes showed that, at my own admission, I had been using alcohol to deal with work related stresses.

So earlier this month (June 2024) the FAA declined the class 3 for both use of an approved SSRI (Zoloft), needing more data from the treating physician and updated HIMS evaluations, as well as the standard alcohol HIMS process. I've already started the random screening, have been attending AA and have a sponsor. I also have been connected to some amazing other pilots that had histories of alcohol abuse, so I am grateful for that.

Given the BAC of .0825 over 24 years ago, my proactive seeking of treatment prior to FAA mandating, as well as having been issues a prior class 3, etc...any idea what next steps might look like?

Thanks in advance!
Click to expand...
 
Basic Med DUI; HIMS process.

Posting because I've received so many divergent answers on this topic. And also consolidating the fragments of what I've read in posts here. Would be nice to have a consistent & consolidated answer.

I fly for personal/recreational purposes. Basic Med since 2018. No current medical certificate. No previous med cert suspensions/revocations/denials. My previous SI/medical cert expired in 2015.

2 DUI's.

1. 30+ years ago. BAC < .15. Always reported on medical applications. (Event was prior to 61.15 notification requirement)

2. Several months ago. BAC > .15. Pending plea down to reckless driving. No additional DL suspension beyond administrative minimum.

Result of state mandated eval.- Does not meet diagnosis criteria for any level of AUD. Because BAC > .15 completing 2 month early intervention education with abstinence and random UA's.

I have shared details above and spoken with:

HIMS AME. Response summary:
I don't know. I don't do Basic Med. I anticipate if you hear from Medical Branch at all, they will request the result/report of your state mandated alcohol eval.

AOPA Med Cert Services. Response summary:
You don't currently hold a medical certificate. Therefore FAA cannot suspend/revoke your medical cert. You self-certify under 61.53 (I chuckled at that one- everybody self-certifies to 61.53 each time they fly). You will hear nothing from Medical Branch.

AOPA Panel Attorney. Response summary:
I don't know how that works for Basic Med. Ask Medical Services or your AME.

Also having read some of Dr. Bruce's replies here, if I understand correctly the DUI process for a pilot already flying under Basic Med works something like this:

1. Send CFR 61.15 notification letter(s) to Regulatory Investigation Branch.
Check; In my case I did not meet 61.15 criteria for suspension/revocation of my pilot cert. No additional info requested from me.
*I sent no info beyond the minimum that was required by CFR 61.15. I had applied for a Restricted DL but the ignition interlock people became such a nuisance I opted to not complete the process and avoid driving during my DL suspension. My Restricted DL application was denied, so I had to report that as well per 61.15.

2. Regulatory Investigation Branch sends notification to Medical Branch. (Sounds like this is standard process?)
Check; I received curiously worded letter from Medical Branch that they had received my "documents" (I sent Medical nothing; presumably this is what they received from Investigations). I do not know specifically what information Investigations sends to Medical. Medical copiously expresses that I do not have a current medical application in MedXpress and that they will keep my "documents" on file should I decide to submit a medical application. So far they have not asked for additional information from me, nor have they stated anything about my eligibility for Basic Med.

3. Complete Basic Med online course.
Not so fast; Triggers NDR check, though inconsequential in my case since Medical Branch already has a notification from Investigations branch.

Now the questions-

4. Upon completion of Basic Med online course and awareness of my DUI from Investigation Branch and/or NDR, does Medical Branch sends request for additional info per CFR 68.11 in order to determine my continuing eligibility for Basic Med? Presumably same info as AME alcohol event report if I had submitted a medical cert application? And per 68.11, if I choose not to participate could suspend or revoke my pilot cert?

5. Based on my case (2 DUI's; 1 BAC > .15), does Medical Branch direct "Go straight to HIMS. Do not pass Go. Do not collect $200?" Despite my eval that I do not meet diagnosis criteria for any level of AUD and I have successfully completed the prescribed program?
*The DSM V AUD diagnosis criteria lists essentially the same elements as 67.307(a)(4). I'm considering to ask my evaluator to include an addendum letter to my eval report stating that he concurs I do not meet the 67.307(a)(4) definition of "substance dependence" but I question if Medical Branch would accept that to satisfy CFR 68.9?

6. Comprehensive Medical Exam Checklist isn't due for another 2 years.

So at this point, I'm considering my plan of action:

1. Hold off on completing Basic Med online course to not trigger additional inquiry from Medical Branch per CFR 68.11.

2. Contemplating if holding off 2 years to complete online course makes any difference? I have no medical history or clinical diagnosis of substance dependence. CFR 68.9 specifies "within the previous 2 years." I still have to comply with DUI reporting requirements on my CMEC, pilot certificate applications, etc. But wondering if it reduces any relevance for Medical Branch wrt CFR 68.9 if my eval has yielded no substance dependence diagnosis AND it's been 2 years since the DUI (with no intervening alcohol-related offenses or medical issues)?

3. Wait and see regarding implementation of MOSAIC in 2025. Reportedly extends definition of LSA to 4-seaters < 3000 lbs. MTOW. Skip Basic Med and fly under Sport Pilot rules instead (no online course, CMEC, or HIMS/SI).

4. Go get my glider ratings.

Curious if any pilots or AME's here have first-hand experience with this situation when already flying under Basic Med.
 
Dana said:
Nope, not only your *most recent* medical must not be denied/suspended/revoked, but you must "Have been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or her most recent application."

A deferral means you weren't "found eligible" so SP is out during the wait.
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And they check. I've been under Basic Med for ~6 years. No recent medical certificate. After reporting my recent DUI to Investigations Branch (61.15), Medical sent a letter to inform me that they received "documents" from me (Investigations Branch) and that I do not have a medical application in the system. Interestingly, but not a complete surprise, their letter referenced the APP ID from my last SI (not suspended, revoked, denied, deferred, or canceled) which expired of natural causes in 2015.
 
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