Flying Under the Influence
Our Lawyer will Defend Your Rights
In the state of California, it is illegal to pilot a plane while under the influence of alcohol or drugs. Title 14, section 91.17. of the Federal Aviation Administration’s Code of Federal Regulations states that no person may act or attempt to act as a crewmember of a civil aircraft in the following situations:
- Within 8 hours after consuming alcohol
- While under the influence of alcohol
- While using any drug that affects a person's faculties and ability to pilot an aircraft
- While having an alcohol concentration [BAC] of 0.04 or greater in a blood or breath sample
FUI is a criminal offense that can result in harsh penalties and your license to operate an aircraft being revoked. In fact, the regulations placed on the aviation industry are extensive and more restrictive than DUI laws. In addition to facing criminal charges, FUI offenders also have to go through proceedings with the FAA. These proceedings will review the merits of your case and whether further investigation or charges should be recommended to state or federal prosecutors.
What Are the Penalties for Flying Under the Influence?
Pilots are expected to be aware of and adhere to all the laws concerning flying under the influence. Breaking these laws can result in the following punishments:
- Jail time
- Expensive fines
- Mandatory attendance at alcohol education programs
- Flying safety classes that emphasize FUI education
- Suspension of your license or revocation of your flying privileges
A standard FUI offense comes with a mandatory 30 days and potential 6 months in county jail, while more severe convictions can result with 15 years in federal prison and $250,000 in fines. The penalties will ultimately depend on the circumstances of the FUI offense and the offender’s criminal history.
A pilot who has been asked by law enforcement to be tested for drugs or alcohol must submit to the test in accordance with implied consent law.
Pilots are also required to report any previous DUI convictions they have to the FAA, as well as the penalties handed down to them because of the conviction. A pilot who fails to report their previous FUI convictions can face a $250,000 fine, five years in jail, or both.
Talk To our Team Today. Call (626) 827-7222.
FUI laws are complicated because they are a mixture of state, federal, and administrative regulations. Our lawyer understands that just like a DUI, innocent people can be wrongly accused of FUI. We can explain penalties you will face and devise a legal strategy that will protect your rights and defend your reputation. At Second Chances Law Group, our experienced legal team has the resources that you need to secure the justice you deserve.
Contact our FUI lawyerto schedule your free case consultation.