For many people, the phrase "driving under the influence" elicits images of someone behind the wheel of a car. But did you
know that you can be charged with DUI even if you are not driving a car?
When someone consumes alcohol before they ride a bike, drive a boat, or
even fly a plane, they may find themselves facing criminal charges.
Flying under the influence can carry
more significant penalties than driving a vehicle under the influence. Under the Federal Aviation
Regulations as enacted by the Federal Aviation Administration (FAA), flying
under the influence is considered a
federal crime. Under the law, no person is allowed to operate or act as a crewmember on
- Within 8 hours of consuming alcohol,
- While under the influence of alcohol,
- While using any drug that has an impact on their facilities, or
blood alcohol concentration (BAC) over .04%.
Any pilot who finds themselves in violation of these restrictions, which
are stricter than those for driving a car under the influence, can face
a license suspension among other consequences. Should the FAA decide to
file legal charges, they can report the case to state or federal prosecutors.
Much like the drivers of motor vehicles, pilots are under an
implied consent law. This means that pilots are required to submit to a chemical test that
determines their BAC or face additional penalties and fines. Standard
penalties for flying under the influence mirror those for driving under
the influence, except that pilots are required to spend between
30 days and6 months in jail if found guilty. In some cases, penalties can reach
15 years in prison and
$250,000 in fines.
Accused of Flying Under the Influence in OC?
Those who have been accused of flying under the influence (FUI) are facing
a unique legal combination of administrative, federal, and state laws
that govern their prosecution. However, those accused of FUI can use many
of the same defense strategies employed for DUI.
Arrested for FUI at John Wayne, Ontario, or another local airport?
Contact the Law Offices of Virginia L. Landry, Inc. to get started today.