Flying is a demanding endeavor. It requires complete focus on the duties required for operating an aircraft safely. Any impairment in the pilot’s ability to perform required tasks could result in an aviation disaster.
The use of alcohol while flying is prohibited by law. Furthermore, pilots are prohibited from consuming alcohol within a specific period before flying or while having a blood alcohol concentration (BAC) above the legal limit for pilots.
What Are the Federal Regulations for Pilots Consuming Alcohol Before Flying and While on Duty?
Federal aviation regulations do not prohibit pilots from consuming alcohol. However, Title 14 §91.17 of the Code of Federal Regulations (CFR) prohibits anyone from acting as a crewmember of an aircraft if they have consumed alcohol within eight hours. The law also prohibits acting as a crewmember if they are under the influence of alcohol or using a drug that adversely impairs the person’s abilities.
The law bars pilots from drinking while flying or within eight hours of flying and sets a legal limit. A pilot cannot have a blood alcohol concentration (BAC) of .04 or greater while acting as a crewmember.
Is It Safe to Fly a Plane if You Wait Eight Hours After Drinking Alcohol?
Even though the law states eight hours, a pilot might not be in their best physical condition if they had a lot to drink or have a hangover. The FAA suggests waiting at least 24 hours after consuming alcohol before flying. The effects of alcohol consumption or a hangover can last much longer than eight hours.
Generally, hangover symptoms peak when a person’s BAC is close to zero. However, the symptoms can last longer than 24 hours. Symptoms of a hangover include, but are not limited to:
- Sensitivity to sound and light
- Muscle aches
- Increased blood pressure
- Irritability
- Stomach pain
- Nausea
- Vertigo
- Thirst
- Headache
- Anxiety
- Sweating
In addition to the physical symptoms, a pilot with a hangover could experience impaired decision-making. They may have trouble focusing and paying attention. The ability to fly could be negatively affected by the symptoms of a hangover much longer than the federal law prohibits flying after drinking alcohol.
How Does the FAA Test Pilots for Alcohol Consumption?
Pilots are subject to being tested at various times, including when they return to duty, after an accident, and as a follow-up. However, pilots are also subject to random testing. They may also be tested if there is reasonable suspicion they are under the influence of alcohol and/or drugs.
The FAA uses evidential breath-testing devices for alcohol testing. The devices must be approved by the NHTSA. The technician conducts a screening test. If the pilot’s BAC exceeds the limit, the technician performs a second test to confirm the results.
A pilot may be removed from the cockpit if their BAC is over the legal limit after a DOT alcohol test. They may also be removed if their BAC is below the legal limit, but their ability to fly the plane is compromised because they are under the influence of alcohol or they are suffering from the effects of a hangover.
Do I Need an FAA Aviation Lawyer if I Fail an Alcohol Test?
The consequences of failing an alcohol test or being removed from the cockpit for being under the influence of alcohol can be severe. A pilot may lose their job or be forced into an Employer HIMS program for failing a BAC test. The FAA could also take legal action, including an Emergency Order of Suspension or Order of Revocation. The pilot could receive a Notice of Proposed Certificate of Action or a Letter of Investigation.
A pilot lawyer can help you respond to the FAA to protect your pilot’s license and job. Facing the FAA without an attorney is not recommended. Most attorneys for pilots offer a free consultation, so it costs nothing to learn about your legal options and rights.