I’ve heard rumors in the pilot community that airmen shouldn’t consent to a breathalyzer test if they are suspected of an alcohol or drug-related offense while operating a motor vehicle.
If this happens to you, consider allowing the officer to perform the test. Otherwise, this is called a “refusal” to test, which the FAA considers equivalent to a significant positive alcohol test result, and the FAA will require you to be evaluated by a substance abuse specialist.
There are two important requirements if you’re suspected of this type of offense. FAR 61.15(e) requires that you report any “motor vehicle action”—including certain convictions or administrative actions for operating a motor vehicle that involve drugs or alcohol—to the FAA’s Security and Investigations Division (AMC-700) in Oklahoma City. This must be accomplished within 60 days of the event.
Airmen also must report an arrest, conviction, and/or administrative action involving a motor vehicle while under the influence of alcohol or drugs on their next FAA aviation medical examination (question 18[v]). Note the addition of “arrest” to this requirement.
If you don’t report the offense as required by Part 61.15(e), when the FAA finds out it will commence an investigation as it would for any suspected FAR violation. Generally, you’ll lose your Part 61 certificates for 15 to 45 days unless legal representatives can bargain this down to something less.
I also advise all airmen to tell the truth on their FAA flight examination. The FAA has zero tolerance for airmen who falsify their response to this question. If the FAA finds out, it generally will seek an emergency revocation of all your certificates and ratings. All you’ll have left is your flight hours, requiring you to take all of the tests again.�If you obtain the police report before seeing your AME and the breathalyzer result is less than 0.15, he/she may issue you your medical certificate if this is your first motor vehicle action and you are otherwise healthy.
If you can’t obtain the police report within the time mandated for the AME to submit your examination into the FAA; if your breathalyzer was 0.15 or above; or if you refused to take the breathalyzer, you’ll be required to provide an evaluation by a recognized substance abuse specialist. This evaluation will then be submitted to the FAA aeromedical staff for review.
For medical advice and professional assistance with protecting your pilot and medical certificates, see AOPA Pilot Protection Services.
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