Flying Under the Influence (FUI)

Flying an aircraft under the influence of alcohol or drugs (FUI / FWI) is a serious crime. This applies to both commercial and private airplanes. Flying under the influence of alcohol or drugs can be charged as a federal and/or state crime. Pilots who fly under the influence can be charged under federal and/or state law at the discretion of the prosecuting agencies.

The laws surrounding FUI / FWI are complex and challenging because pilots must follow both state law and the Federal Aviation Regulations, or FARS, governed by the Federal Aviation Administration. It is important for criminal defense attorneys who practice in FUI defense in California to be completely up-to-date with all the laws and regulations.

Crew members of civil aircraft 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 BAC of .04 or greater or is under the influence of drugs or alcohol may not serve as a crew member. These over-inclusive rules indicate the seriousness with which the FAA looks upon flying under the influence. A person found violating these strict rules faces imprisonment, fines, and revocation of his or her pilot's license.

Pilots of civil aircraft are subject to the Implied Consent Law. 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 also face possible licensing issues for DUI / DWI convictions. All convictions for drunk driving must be reported on a pilot's first-class medical application as well as to the Civil Action Security Division that is located in Oklahoma City, Oklahoma. This notification must be made within 60 days of the driving under the influence conviction. The relevant agencies will look harshly upon such pilot DUI / DWI convictions.

The pilot must also report any actions taken by the state as a result of the DUI conviction, such as a driver's license suspension because of the pilot's refusal to submit to a chemical test. Further, if the pilot's driver's license is suspended through DMV proceedings, this must also be reported to the FAA Civil Action Security Division in Oklahoma City within 60 days of the suspension.

Any pilot who does not report either a DUI / DWI criminal conviction or a driver's license suspension resulting from a drunk driving arrest risks additional sanctions. If the pilot's driver's license is suspended twice in a three-year period, the FAA can deny an application for a pilot's license, or may simply move to revoke a current pilot's license.

Pilots face serious consequences when they are caught flying under the influence or driving under the influence. To avoid drunk driving convictions, or to limit the effects of drunk driving or drunk flying convictions, a competent lawyer will be required. An attorney experienced in drunk driving defense and aviation law is the best person to call upon.