California Criminal Law – Flying Under the Influence (FUI / FWI) Punishment
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.
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 an 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 arrested for driving under the influence face reporting requirements with the FAA. Pilots must report driving under the influence convictions or DMV driver’s license suspensions to the FAA within 60 days. Anyone who fails to report a conviction or driver’s license suspension faces revocation of his or her pilot’s license.
In most cases, a pilot who reports a DUI / DWI conviction or driver’s license suspension to the FAA does not lose his or her pilot’s license. The pilot generally is required to undergo a substance abuse or psychiatric evaluation. Depending on the results, the pilot may be required to enroll in a substance abuse treatment program, submit to close monitoring by the FAA, or undergo random drug or alcohol testing.
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.
Because of the strict penalties imposed against pilots for flying under the influence and DUI / DWI, it’s critical to have excellent legal representation. A lawyer with experience defending flying under the influence cases can mount an aggressive defense and keep consequences to a minimum.
The American Trial Lawyers Association has named him one of the “Top 100 Trial Lawyers in California” each year since 2007. Los Angeles magazine has identified Darren as a “SuperLawyer” every year since 2010. Darren received an “AV Preeminent Rating” by Martindale-Hubbell (a peer review ranking that signals the highest level of professional excellence and ethics); a perfect 10.0 Rating by Avvo.com (an independent attorney ranking site), and many other accolades.