Legal Briefing

Q: I'm 40 years old. I would like to learn to fly. When I was 18, I had a DUI. Do I have to disclose this on my medical application form since it happened 22 years ago?

A: Your question relates to Item 18v on FAA's Form 8500-8, which asks, "Have you ever in your life had History of (1) any arrest(s) and/or 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 arrest(s), and/or conviction(s), and/or administrative action(s) involving an offense(s) which resulted in the denial, suspension, cancellation, or revocation of driving privileges or which resulted in attendance at an educational or rehabilitation program."

Thus, if you have ever been convicted of driving under the influence of alcohol, the answer to this question is yes. Then, don't forget to explain your "yes" answer. The form and the accompanying instructions direct that in the event that you answer yes to any of the items in Question 18, you must describe the event in the Explanations section by listing the offense for which you were convicted, the name of the jurisdiction involved, and the date of the conviction. Provided there are no other alcohol- or drug-related events, disclosure of this 22-year-old event should not adversely affect your ability to obtain an airman medical certificate.

Figuring out whether you have to answer yes or no to this question can be quite challenging for some airmen. This is especially true if there is not an outright conviction of DUI or DWI involved, but maybe only an arrest, a refused or failed breathalyzer, or a conviction for a lesser offense with a commitment to attend traffic school. The FAA is quite unforgiving of an airman who tries to later explain that he or she didn't know to answer yes or didn't think he or she had to answer yes.

The FAA treats such unintentional or inadvertent errors seriously and severely in making a charge of falsification against the airman and revoking all of the airman's certificates. An innocent mistake could have grave consequences. For that reason we recommend getting competent counsel on how to answer the question before completing a medical application form at the AME's office.

Kathy Yodice is an attorney with Yodice Associates in Washington, D.C., which provides legal counsel to AOPA and administers AOPA's legal services plan. She is an instrument-rated private pilot.