The dangers of operating a motor vehicle while under the influence of intoxicating substances are well understood. While impairment during the operation of an aircraft is not as common as motor vehicles, there is still a substantial risk of harm.
This post delves into regulations that govern Flying Under the Influence (FUI) in Nevada. The main source of law for FUIs can be found in Federal Regulations in the Federal Register. It is considered illegal for any individual to fulfill the duties of a crew member on a civil aircraft while under the influence of drugs or alcohol.
Key Provisions of the Governing Regulations
14 CFR 91.17 provides a comprehensive legal framework that prohibits flying under the influence. Nevada law prohibits the following actions:
- Undertaking or attempting to undertake any crew duties within 8 hours of consuming any alcoholic beverage.
- Operating as a crew member while under the influence of alcohol.
- Consuming any drug that affect an individual’s faculties, endangering the safety of others around them, or
- Operating an aircraft with an alcohol concentration of 0.04 or greater in a blood or breath sample.
The same regulation also forbids pilots from allowing individuals displaying signs of intoxication or drug impairment to be passengers in the aircraft.
Application of the FUI Laws in Nevada
Importantly, an individual can be convicted of FUI in Nevada without the aircraft leaving the ground. Being in the cockpit or cabin while under the influence of drugs or alcohol qualifies as flying under the influence.
Moreover, Nevada’s NRS 493.130 also criminalizes operating an aircraft under the influence of alcohol or controlled substances. “Operating” is defined as being in control of the aircraft when it is in the air, on the ground, or on water. Operating an aircraft while under the influence of drugs or alcohol is classified as a gross misdemeanor.
Legally Challenging FUI Charges
A defendant can raise several defenses to dispute a flying under the influence charge. Most of these defenses involve calling into question whether the defendant (1) was intoxicated (2) while on duty.
Defense 1: No Consumption of Alcohol
FUI charges in Nevada hinge on the prosecution’s ability to prove beyond a reasonable doubt that the defendant was consuming alcohol or drugs while on duty as a crew member or operator of an aircraft. A great example of this is that the field sobriety test administered was faulty, due to:
- faulty breath testing equipment
- mishandling of the equipment, or
- medical conditions.
These mistakes may lead to a false positive test, so proving the existence of the mistake may prove that the defendant did not consume alcohol or drugs.
Defense 2: Compliance with the 8-Hour Rule
The governing laws make operating as a crew member illegal within eight hours of consuming an alcoholic beverage. Therefore, it can be a valid defense to demonstrate that the defendant had not consumed alcohol within eight hours before boarding the flight.
Defense 3: Post-flight Alcohol Consumption
Another possible defense is to argue that alcohol consumption only occurred after the flight had ended and before any testing took place. If there is evidence to support this, the charge should be dismissed.
Penalties Associated with FUI
The specific penalties for flying under the influence largely depend on each case’s circumstances. However, typical penalties for an FUI classified as a gross misdemeanor including:
- Imprisonment for up to one year
- Fines up to $1,000
Consequences and Penalties for Flying Under the Influence
The penalties for operating an aircraft under the influence are stringent, reflecting the severity of the potential risks associated with such behavior. Penalties vary according to the specifics of each case and whether it falls under Federal or Nevada state law.
Penalties Under Federal and State Law
Potential consequences according to federal laws for the crime of FUI may include:
- Imprisonment
- Monetary fines
- Mandatory completion of an alcohol awareness course
Nevada state law typically categorizes FUI as a gross misdemeanor, with possible penalties encompassing:
- Incarceration for up to one year
- A maximum fine of $2,000
A conviction for flying under the influence can also suspend or revoke the offending individual’s pilot’s license.
Offenses Related to Flying Under the Influence
Several offenses share similarities with FUI, including Driving Under the Influence (DUI), interfering with a crew member of an aircraft, and attempting to pass airport security with a firearm.
Driving Under the Influence – NRS 484C.110: Definition and Differences from FUI
As per Nevada Revised Statute 484C.110, Driving Under the Influence is classified as operating a motor vehicle:
- Under the influence of alcohol or drugs
- With a Blood Alcohol Concentration (BAC) of .10% or greater, as measured within 2 hours of driving (termed “per se” DUI)
While FUIs are usually charged as gross misdemeanors, DUIs are generally charged as misdemeanors. A conviction for a first-offense DUI may result in the following:
- Fines ranging from $400 to $1,000
- Imprisonment ranging from 2 days to 6 months (or 24 to 96 hours of community service)
- Completion of a DUI School
- Suspension or revocation of the driver’s license
Interfering with a Crewmember of a Plane – CFR 121.580
The Federal Code of Regulations 121.580 states that no person may: (1) assault, (2) threaten, (3) intimidate, or (4) interfere with a crew member while performing their duties aboard an aircraft under federal law. This happens often when passengers or crew are intoxicated while onboard.
Attempting to Pass Airport Security with a Firearm – 49 U.S. Code 46505
According to 49 U.S. Code 46505, attempting to bypass airport security with a firearm is a serious crime. This offense is a more severe infraction than FUI and is classified as a felony. Potential penalties for this offense include:
- A prison sentence of up to 10 years
Conclusion
Laws surrounding Flying Under the Influence are strict and severe in Nevada because they aim to ensure the safety of all aircraft passengers and personnel. Breaching these laws can result in substantial penalties, including significant fines, imprisonment, and losing a pilot’s license. Similar laws and penalties exist for related offenses, emphasizing the seriousness of the potential consequences when someone operates a vehicle on the ground or in the air while intoxicated.