What Happens When You’re Too Drunk to Fly?
You’re at the airport, waiting for your flight, and decide to pass the time at the bar. After all, what’s a long layover without a celebratory drink or two? But what happens when those few beverages turn into a situation where you’re no longer allowed to board your flight?
Getting denied boarding for being intoxicated isn’t just embarrassing. It could lead to legal consequences and it’s a situation you want to avoid at all costs. Let’s explore what happens if you’re deemed “too drunk to fly” and what you can do if you find yourself in this unfortunate predicament.
Why and when can airlines deny boarding
Under federal law, airlines have the right to refuse to board passengers who are visibly intoxicated or pose a risk to themselves, the crew, or other passengers. This is outlined in 49 U.S. Code § 46504, which prohibits interference with the duties of flight crew members, including being disruptive or belligerent due to intoxication.
In practical terms, gate agents and flight attendants are trained to recognize signs of intoxication, such as slurred speech, unsteady movements, or disruptive behavior. Their primary goal is to ensure the safety of everyone on board, including preventing an intoxicated passenger from becoming a potential safety hazard mid-flight.
Federal regulation 14 CFR 121.575 outlines laws pertaining to alcohol and aircrafts. Subsection (c) of this regulation mandates that no airlines may allow any person to board a plane if that person appears to be intoxicated.
North Carolina law, under N.C. Gen. Stat. § 14-275.1, makes it a Class 3 misdemeanor to engage in disorderly conduct at an airport terminal.
What happens if you’re denied boarding?
If you’re denied boarding for being intoxicated, here’s what you can expect:
- Immediate removal: You will likely be escorted away from the boarding area.
- Ticket loss: Airlines are not obligated to refund your ticket. You may have to purchase a new ticket or reschedule your flight at your own expense.
- Potential airline ban: Some airlines may place you on a no-fly list, temporarily or permanently, depending on the severity of your behavior.
- Legal trouble: If your behavior crosses the line into disorderly conduct, you could face charges under state or federal law. Being intoxicated in public, even within the confines of an airport, can result in fines or even arrest.
The question of whether state law or federal law governs an airport terminal likely depends on your actions and the seriousness of the crime charged. On the federal level, 18 U.S. Code § 37 governs acts of violence at international airports and is reserved for severe offenses causing bodily injury or disruption at an international airport. Furthermore, 49 U.S. Code § 46503 provides for federal penalties if an individual assaults or interferes with security personnel at an airport, it can be a federal crime punishable by up to 10 years in prison. However, most airport intoxication cases are likely to result in state charges and do not rise to the level necessary for a federal offense.
A hypothetical scenario: Richard’s airport blunder
Richard, an executive from Charlotte, was heading to a conference in Atlanta. To calm his pre-flight jitters, he knocked back a few cocktails at the airport bar. By the time he reached the gate, he was slurring his words and loudly cracking vulgar jokes with strangers. The gate agent politely asked him to step aside and explained that he couldn’t board in his current condition. Richard argued, insisting he was fine, but airport security arrived and confirmed he wouldn’t be flying that day. Richard ended up missing his conference and spent the night at an airport hotel – embarrassing to say the least.
In this case, Richard’s legal consequences would depend on the severity of his actions:
- No legal action: If Richard complied when denied boarding, he might avoid legal trouble but still lose his ticket and face inconvenience.
- Disorderly conduct: Under N.C. Gen. Stat. § 14-275.1, disrupting peace in an airport could result in a Class 3 misdemeanor.
- Escalation: Aggressive behavior or interference with security could lead to more serious charges, like obstruction or disturbing public facilities.
- Federal charges (rare): Extreme incidents, such as threatening security personnel or disrupting operations, could trigger federal charges, but most cases stay at the state level.
How to avoid being denied boarding for intoxication
- Know your limits: This seems obvious, but the effects of alcohol can feel amplified at high altitudes, so drinking responsibly before a flight is crucial.
- Stay hydrated and eat: Drinking on an empty stomach or without water can increase your chances of becoming overly intoxicated.
- Monitor time: If you have a layover, give yourself plenty of time to sober up before your next flight.
- Be aware of your behavior: Even if you’re not intoxicated, acting erratically or causing a disturbance can lead to questions about your sobriety.
What to do if you’re denied boarding
- Stay calm: Getting upset or argumentative will only escalate the situation and increase the likelihood of legal trouble.
- Ask about your options: Politely ask the gate agent or airline representative about rescheduling your flight.
- Contact an attorney if necessary: If the situation results in legal charges, such as disorderly conduct, consulting an attorney can help protect your rights and resolve the matter.
Good luck and have a smooth flight
Enjoying a drink at the airport can be part of the travel experience, but it’s important to drink responsibly. The last thing you want is to be denied boarding, incur additional expenses, or face legal trouble. By staying mindful of your limits and behavior, you can avoid unnecessary complications and ensure your trip takes off without a hitch.
As always, feel free to give the attorneys at Jetton & Meredith a call if you need legal assistance. Our experienced team is here to help you navigate any legal challenges you may face, whether at the airport or beyond.
Drunk on a plane; Airports, Planes and Alcohol
Home / Criminal Law / Drunk on a plane; Airports, Planes and Alcohol
September 19, 2019 by John Howey Criminal Law 0 comments
Drunk on a plane; Airports, Planes and Alcohol
It has been reported in the press that 500 people have been arrested while drunk on a plane at British airports in the last three years.
For many people a holiday begins once cases have been checked in, and what is the harm in that?
It is clear that drunkenness has become an issue. The government has been asked to take steps to address licencing in airports, especially as the airport bars are currently exempt from certain restrictions.
Airlines are also taking action in an attempt to reduce the risk. As an example, on some flights you may be prevented from taking any alcohol on board in hand luggage to assist airline staff in controlling levels of alcohol consumption.
What are the alcohol laws at airports?
Regular licensing laws do not apply at airport bars located on the airside of security.
In November 2018 the government consulted on a proposal that these bars be subject to the same licensing rules as bars outside of airports. As yet, however, no new legislation has been introduced.
What is being done?
The UK airline industry voluntary code of practice adopts a zero-tolerance approach to disruptive behaviour. Signatories to the Code work together to prevent and minimise incidents, the commitments cover the sale and consumption of alcohol. In essence, to mimic the regular licensing laws by, for example, not selling alcohol to intoxicated clients. The Code, however, is a voluntary one.
The ‘One Too Many’ campaign aims to reduce airport drunkenness. 20 airports are using the campaign to alert passengers to the potential consequences of drunken or disruptive behaviour.
What are the potential consequences?
The campaign refers to passengers deemed unfit to fly and denied boarding, prison sentences, fines for causing a deal or causing a mid-air incident requiring a diversion and an airline ban.
What offences could be committed?
Although the figures that have been obtained are for detained persons noted to be intoxicated, the actual offending could vary.
Offences that can be committed include; being drunk on an aircraft, possession of a dangerous article, smoking onboard, endangering the safety of an aircraft and acting in a disruptive manner.
Could I go to prison?
The simple answer is yes. The courts have said that being drunk on an aircraft will usually result in an immediate custodial sentence. This will apply even when someone is of previous good character. To commit an offence of being drunk on an aircraft a person simply has to be drunk. They do not also have to be disruptive. The offence can be dealt with at the Crown Court and carries up to 2 years imprisonment. The same penalty applies to people acting in a disruptive manner on an aircraft or endangering the safety of an aircraft.
Other offences may not result in imprisonment, but financial penalties can be imposed.
Being drunk may result in you being denied boarding, and the subsequent loss of a holiday. So even if you not arrested there may well be a high price to pay.
Does it depend if I am on a UK airline?
The UK has jurisdiction to deal with any offences committed on board any aircraft on the ground, or in the air, over the UK. There are also international conventions that mean offences committed in the skies anywhere are subject to a local jurisdiction. It is complicated and hopefully you will never have to worry about the legal nightmare that will unfold if you are arrested in a foreign jurisdiction.
How we can assist
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
Please note that the information contained in this article was correct at the time of writing. There may have been updates to the law since the article was written, which may affect the information and advice given therein.
