Regulation Text
§ 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.
Research Notes
Implied Consent in Aviation
Section 61.16 creates an aviation analog to the implied-consent doctrine in motor vehicle law. Operating an aircraft in the United States implies consent to alcohol testing when requested by law enforcement under § 91.17(c). Refusing that test — or refusing to furnish test results to the Administrator — carries the same certificate consequences as actually failing the test: denial, suspension, or revocation.
The cross-reference to § 91.17(c)-(d) is critical: § 91.17(c) authorizes law enforcement to request a blood-alcohol test when there is reasonable cause to believe a pilot has operated an aircraft in violation of the alcohol prohibition. § 91.17(d) requires pilots to provide test results to the Administrator upon request.
NTSB precedent: Refusal to test has been treated as evidence of consciousness of guilt, supporting certificate actions even where no BAC level was established. The FAA's position is that there is no regulatory or legal benefit to refusing the test — the certificate consequences are identical to a confirmed violation, without the benefit of a BAC result that might fall below the threshold.
Note: This section does not address employer drug testing programs (Part 40) or random testing programs under Part 121/135. Those have separate regulatory frameworks.
Amendment History
AOA Notes
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CFI Commentary
Highlighted phrases in the regulation text above link to instructor notes at the bottom of this page. Look for the amber or blue highlights — each one flags a gotcha or a pro tip worth knowing.