FAR 61.16 — Alcohol Test Refusal
FAR 61.16 explains how refusing a blood alcohol test or withholding results can lead to denial, suspension, or revocation of pilot certificates.
In Plain English
FAR 61.16 spells out the consequences for pilots who refuse alcohol testing or won't share the results. It works hand-in-hand with § 91.17, which prohibits flying under the influence and authorizes testing.
There are two situations covered:
- Refusing a blood alcohol test requested by a law enforcement officer under § 91.17(c).
- Refusing to furnish or authorize release of test results when the FAA Administrator requests them under § 91.17(c) or (d).
Either refusal can result in:
- Denial of any application for a certificate, rating, or authorization under Part 61 for up to 1 year from the date of refusal, or
- Suspension or revocation of any certificate, rating, or authorization you already hold.
Why it matters: the FAA treats refusal as seriously as a positive test. As a pilot, you have an obligation to cooperate with alcohol testing — declining is itself a certificate action, regardless of whether you were actually impaired. Understanding this rule reinforces the professionalism and accountability expected of every airman.
Regulation Text
14 CFR § 61.16§ 61.16 Refusal to submit to an alcohol test or to furnish test results.
A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with § 91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with § 91.17(c) or (d) of this chapter, is grounds for:
(a) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that refusal; or
(b) Suspension or revocation of any certificate, rating, or authorization issued under this part.
Oral Exam Questions a DPE Might Ask
Q1What happens if a pilot refuses to submit to a blood alcohol test requested by a law enforcement officer?
Under FAR 61.16, refusal is grounds for denial of any certificate, rating, or authorization application for up to 1 year, or suspension or revocation of any existing certificate, rating, or authorization.
Q2Does FAR 61.16 only apply to refusing the test itself, or also to withholding the results?
Both. FAR 61.16 applies to refusing the test under § 91.17(c) and to refusing to furnish or authorize release of test results requested by the Administrator under § 91.17(c) or (d).
Q3How long can the FAA deny a certificate application after a pilot refuses an alcohol test?
Per FAR 61.16(a), the FAA may deny an application for any certificate, rating, or authorization issued under Part 61 for a period of up to 1 year after the date of refusal.
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Related Sections in Part 61