Archive for November 23rd, 2012

When Not To Fly (by DaytonDUI.com)

November 23rd, 2012

Seal of the United States Federal Aviation Adm...

If you are a pilot there are strict rules on when you can fly an aircraft.  According to federal regulations, set forth below, a pilot may not attempt to fly an aircraft or even attempt to be a crew member of a civil aircraft :

  • Within 8 hours after consuming alcohol;
  • While under the influence of alcohol;
  • While under the influence of any drug that impairs a person in a way which is is contrary to safety;
  • While having a blood alcohol concentration equal to or greater than 0.04 grams per decilitre of blood or grams of alcohol per 210 liters of breath.

There are also strict rules that apply to passengers.  A pilot of a civil aircraft may not even allow a person to board an aircraft as a passenger or otherwise if that person appears to be intoxicated or appears to be under the influence of drugs.  TITLE 14–AERONAUTICS AND SPACE CHAPTER I–FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 91 GENERAL OPERATING AND FLIGHT RULES Subpart A, Sec. 91.17 Alcohol or Drugs (b) Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.  Remember these rules the next time you have a long layover.  You may be better off trying to catch a nap in the uncomfortable chairs rather than chatting up a stranger in the lounge.

Representing a pilot is one of the most specialized areas of DUI (drunk driving) practice.  Often, even if the pilot avoids a DUI conviction, consequences may still exist based on the fact that the pilot refused a breath test or blew over the legal limit.  Charles M. Rowland II has represented members of the military, military and civilian pilots, law enforcement, paramedics/EMTs and other who face a career-ending DUI charge.  Military pilots and private pilots face strict rules imposed by the Federal Aviation Administration (F.A.A.).  We protect your pilot’s license. If you are a pilot charged with drunk driving you need to seek the advice of qualified counsel as soon as possible.  You need to contact a qualified attorney right away.  Seek out the services of an attorney to answer your specific questions about the specific facts of your case.

Code of Federal Regulations

Title 14 – Aeronautics and Space
Volume: 2Date: 2012-01-01Original Date: 2012-01-01Title: Section 91.17 – Alcohol or drugs.Context: Title 14 – Aeronautics and Space. CHAPTER I – FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED). SUBCHAPTER F – AIR TRAFFIC AND GENERAL OPERATING RULES. PART 91 – GENERAL OPERATING AND FLIGHT RULES. Subpart A – General.

§ 91.17Alcohol or drugs.(a) No person may act or attempt to act as a crewmember of a civil aircraft—(1) Within 8 hours after the consumption of any alcoholic beverage;(2) While under the influence of alcohol;(3) While using any drug that affects the person’s faculties in any way contrary to safety; or(4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.(b) Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.(c) A crewmember shall do the following:(1) On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, when—(i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and(ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section.(2) Whenever the FAA has a reasonable basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, on request of the FAA, that person must furnish to the FAA the results, or authorize any clinic, hospital, or doctor, or other person to release to the FAA, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates an alcohol concentration in the blood or breath specimen.(d) Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph (a)(3) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the presence of any drugs in the body.(e) Any test information obtained by the Administrator under paragraph (c) or (d) of this section may be evaluated in determining a person’s qualifications for any airman certificate or possible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958.[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-291, June 21, 2006]