Penalties for Flying Under the Influence of Alcohol or Drugs - California DUI Law and Legal Information

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Flying commercial or private aircraft under the influence of alcohol or drugs is a serious crime. FUI can be charged as a federal and/or state crime punishable by imprisonment, fines, and suspension or revocation of a pilot’s license.

Crew members of civil aircrafts and pilots of private airplanes are governed by the Federal Aviation Administration (FAA). The FAA rules state that no one may serve as a crew member if he or she has consumed alcohol within eight hours of a flight. Furthermore, anyone with a blood alcohol content (BAC) of .04 or greater or is under the influence of drugs or alcohol may not serve as a crew member.

Pilots are subject to an implied consent law, similar to the rules that apply to Driving Under the Influence (DUI). This means that any pilot who has been arrested on suspicion of flying under the influence of alcohol or drugs must submit to a chemical test or face large fines and license suspension or revocation.

Pilots convicted of driving under the influence (DUI) are required to report the incident to the FAA within 60 days. Anyone who fails to report a drunk driving conviction or DUI-related driver's license suspension faces revocation of his or her pilot's license.

Not all pilots convicted of DUI lose their pilot's licenses. The FAA typically requires the pilot to submit to a substance abuse or psychiatric evaluation. Depending on the results, the pilot may be required to enroll in a substance abuse treatment program, submit to close monitoring by the FAA, or undergo random drug or alcohol testing.

Flying under the influence (FUI) and driving under the influence (DUI) both pose substantial risks to a pilot's license, so it's extremely important to have a skilled attorney at the pilot's side. California criminal DUI defense lawyer knowledgeable in aviation law and FUI defense will devise an aggressive strategy to fight the charges and protect the pilot's flying privileges.