FLYING WHILE INTOXICATED (FWI)
Pilots operate under an implied consent law that is similar to the rules which govern vehicles on the ground. This means that if you are suspected of being under the influence of alcohol, drugs, or other controlled substances, you are required to take a test when an officer of the law requests it. If you refuse the test you could face a substantial fine and potentially have your pilot’s license suspended or revoked.
Rules for Crew Members
Flying While Intoxicated is regulated by the FAA. Strict rules outlined by the FAA regulate the consumption of alcohol by crew members of any civil aircraft, including commercial and private. These rules prohibit anyone from acting as a crew member if he or she has consumed alcohol within 8 hours of a flight; while under the influence of alcohol or drugs; or with a blood alcohol content (BAC) of .04 or greater.
Any pilot or crew member convicted of violating these provisions may face imprisonment, fines, and revocation of his or her pilot’s license. As the penalties for flying while intoxicated can be severe, you should consult a professional attorney if these or similar charges are put against you for any reason.
Flying While Intoxicated and Implied Consent
Flying While Intoxicated and implied consent laws are a significant factor in cases where pilots or flight crew members are arrested or charged with DWI or FWI. To pursue a more favorable outcome in DWI or Flying While Intoxicated trials, you may want to work with an attorney that is familiar with laws for intoxication, flight, and the local Houston, Texas area.
If you are a pilot that has been arrested for DWI or Flying While Intoxicated, call Gary Trichter. Trichter is a DWI specialist in accordance with the National College for DUI Defense, and holds an AQPA Flight Instructor Certification. Call today to learn about your rights, protections, and options going forward.
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