Although the recent arrest of three intoxicated pilots in less than a week has generated headlines nationwide, the reality is that incidents related to intoxicated airline pilots are rare. In fact, out of the 117,000 American pilots tested for alcohol from 2010 through 2018, only 99 were above the legal limit according to the Washington Post.
But when a pilot tests above the legal limit, the consequences can be severe.
Just like with a DWI charge, state and federal law set a blood alcohol concentration (BAC) limit for pilots. The state of Texas outlaws the operation of any airplane by an intoxicated pilot. According to the statute, intoxication is the lack of normal use of your mental or physical capacities due to the introduction of alcohol, drugs, or a combination of both.
The FAA has more specific guidelines for pilots and alcohol consumption. Federal Aviation Regulation § 91.17 bars a pilot from flying:
Within 8 hours of having consumed alcohol;
While under the influence of alcohol;
While using any drug that adversely affects safety; and
With a blood alcohol content (BAC) of 0.04% or greater.
What happens when a pilot is arrested in Houston for intoxication before a flight?
When a commercial pilot is arrested under suspicion of intoxication before a flight, several things are quickly set into motion. In addition to the criminal charges, a pilot alleged to be intoxicated will also face a potential administrative suspension of their pilot's license.
One of the first steps the FAA and the airline will take against a pilot accused of intoxication is to temporarily suspend the pilot's license and flying privileges. While there is no automatic revocation of a pilot's license in these cases, the FAA will suspend a pilot pending the outcome of the investigation. Typically this suspension happens immediately.
All major airlines also have policies in place regarding allegations of drinking on the job. Delta, for example, has a zero tolerance policy for intoxication and will relieve a pilot of his or her duties immediately pending investigation. Although the FAA will undoubtedly receive notification of the arrest, it is the pilot's responsibility to inform the regulator of the arrest on his or her own.
Criminal Charges
Flying while intoxicated (FWI) is a criminal charge in the State of Texas. If the prosecutor is able to convince a jury that the pilot was under the influence of alcohol, the pilot will face a conviction. A conviction will result in a maximum jail sentence of 180 days as well as a fine of up to $2,000. What's more, the pilot must report the conviction to the FAA within 60 days.
Permanent License Revocation
Regardless of the outcome of the criminal case, the FAA will proceed with an investigation into the allegations of drinking on the job. If they ultimately clear the pilot of any wrongdoing, the suspension will be lifted.
However, the allegation alone could lead to termination from the airline. If the investigators conclude that the pilot was intoxicated prior to a flight, the FAA will typically revoke the pilot's license permanently. Long story short: the result of an investigation into drinking before a flight is typically career-ending.
Contact a Houston-Based Texas Flying While Intoxicated Lawyer
While state and local agencies will quickly line up against a pilot accused of flying while intoxicated, it is important to know that a conviction is not inevitable. To discuss your options with an experienced attorney in dealing with pilots charged with FWI or DWI and successfully dealing with FAA reporting requirements, contact the Doug Murphy Law Firm, P.C. right away.
If convicted, the pilot faces severe penalties, fines, imprisonment, revocation of his or her pilot's license, and loss of employment. Pilots function under an implied consent
implied consent
Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circ*mstances of a particular situation (or in some cases, by a person's silence or inaction).
If a pilot is charged with DWI, they must report it to the FAA within 60 days. Failure to report the charge can result in severe consequences, including suspension or revocation of their license. The FAA will also investigate the incident and may require the pilot to undergo drug and alcohol testing.
If they are convicted, it is likely they will be fired. If the FAA denies a pilot their medical certificate, a pilot cannot fly. An employer who hasn't terminated you yet, probably will at this point.
The FAA alcohol rule states that a pilot and any crew member may not consume alcohol within 8 hours of flying and may never have a BAC exceeding .04 percent when reporting for duty and while operating a plane. It places no limitations on alcohol consumption other than that.
These medical conditions include a personality disorder manifested by overt acts, a psychosis, alcoholism, drug dependence, epilepsy, an unexplained disturbance of consciousness, myocardial infarction, angina pectoris, and diabetes requiring medication for its control.
According to the FAA, between 2010 and 2018, out of nearly 117,000 U.S. pilots tested for alcohol, only 99 were found exceeding the legal limit. Although these numbers are reassuringly low, even a single intoxicated pilot is one too many.
The legal BAC limit for driving in most U.S. jurisdictions is 0.08. To fly an airplane, pilots must wait at least eight hours after consuming any alcohol and have a BAC less than 0.04.
Revocation - In more severe cases involving aggravating circ*mstances or multiple offenses, your pilot's license may be revoked permanently. Denial of renewal - A DUI conviction may result in the FAA's refusal to renew your pilot's license or a certificate or rating for up to one year after the incident in question.
Two DUI events within a three-year period will result in the requirement for an evaluation by an addiction trained psychologist or psychiatrist. Three DUIs in a lifetime is considered by the FAA to be a possible sign of alcohol dependence and will result in a denial of your medical application.
The NDR maintains information on individuals whose privilege to operate a motor vehicle has been revoked, suspended, canceled or denied or who have been convicted of serious traffic-related offenses, including DUI. The FAA may identify and discover infractions or convictions based on their search.
Any factor that impairs the pilot's ability to perform the required tasks during the operation of an aircraft is an invitation for disaster. The use of alcohol is a significant self-imposed stress factor that should be eliminated from the co*ckpit. The ability to do so is strictly within the pilot's control.
Pilots may not use alcohol “while on-duty or within 8 hours of performing flight crew member duties.” The regulations also require that crew members submit to blood alcohol tests when requested by law enforcement officials authorized to ask for those tests.
The feeling of losing your license can feel overwhelming, but don't worry. It's not as inconvenient or annoying as it seems to replace the one you lost. The FAA has made replacing your Private Pilot License a breeze.It's as simple as going online to order a new one.
Legal Protections Pilots Have Against Retaliatory Action
If a pilot is fired for making reports to the FAA, they may have grounds to sue their employer for wrongful termination. Wrongful termination occurs when an employee is fired for an unlawful reason, such as reporting violations of federal aviation regulations.
You can get a FAA certificate if you have a felony conviction, unless the conviction is for a drug or alcohol related offense. In that case, you cannot apply for a certificate for up to one year after your final conviction.
Under § 91.17, a flight crewmember is strictly prohibited from operating or attempting to operate an aircraft while having a breath alcohol concentration 0.04 or above, or while under the influence of alcohol.
Delta pilot found drunk before transatlantic flight sentenced to 10 months prison. A Delta Airlines Boeing 767 departs Edinburgh Airport in Scotland in 2022. A Delta Airlines pilot was sentenced to 10 months in prison for reporting for duty at Scotland's Edinburgh Airport while drunk, according to a court statement.
A pilot must report any arrests, convictions or administrative actions which result in a denial, suspension, cancellation or revocation of driving privileges.
(b) Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.
Introduction: My name is Geoffrey Lueilwitz, I am a zealous, encouraging, sparkling, enchanting, graceful, faithful, nice person who loves writing and wants to share my knowledge and understanding with you.
We notice you're using an ad blocker
Without advertising income, we can't keep making this site awesome for you.
