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:

1. Immediate removal: You will likely be escorted away from the boarding area.
2. 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.
3. Potential airline ban: Some airlines may place you on a no-fly list, temporarily or permanently, depending on the severity of your behavior.
4. 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:

1. No legal action: If Richard complied when denied boarding, he might avoid legal trouble but still lose his ticket and face inconvenience.
2. Disorderly conduct: Under N.C. Gen. Stat. § 14-275.1, disrupting peace in an airport could result in a Class 3 misdemeanor.
3. Escalation: Aggressive behavior or interference with security could lead to more serious charges, like obstruction or disturbing public facilities.
4. 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

1. Stay calm: Getting upset or argumentative will only escalate the situation and increase the likelihood of legal trouble.
2. Ask about your options: Politely ask the gate agent or airline representative about rescheduling your flight.
3. 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.

What happens if you drink too much at the airport?

A passenger was arrested and escorted by police from an EasyJet flight early Sunday morning. It is believed the female, who has not yet been named, was drunk and assaulted a member of the cabin crew. The woman’s husband was also removed by police.

Cabin crew were forced to restrain the woman during the flight and the plane landed safely at Southend Airport where police were able to assist.

This is not the first instance where passengers have been arrested after landing due to drunk and disorderly behaviour. In fact, the number of passengers having one too many in the departure lounge has significantly increased in the last few years. According to an investigation by ITV* 245 people were arrested at UK airports on suspicion of being drunk between 1^st April 2017 and 31^st March 2019. 103 of those arrests were made at London’s Heathrow, the UKs busiest airport.

So, what happens if passengers drink too much at the airport?

Anti-social behaviour, whether it’s intoxication, disobeying instructions, threatening behaviour or endangering the safety of the flight, staff and passengers, can have serious repercussions.

Airlines’ train their staff to deal with all forms of disruptive behaviour, and staff on the ground have the right to refuse boarding to anyone behaving in such a manner. Cabin crew will also refuse to serve alcohol to anyone who appears to be intoxicated during the flight.

According to the Civil Aviation Authority the punishment for drunken behaviour on board a flight is a fine of up to £5,000 and two years in prison. Depending on the severity of the incident passengers that endanger the safety of the aircraft could face up to five years in prison.

If the flight is diverted, the passenger may have to repay the airline the cost of the diversion. These costs range from £10,000 to £80,000 – a high price to pay for a couple of drinks at the airport.

Can passengers claim for the holiday cost if they are refused boarding?

 No, and they have no one to blame but themselves. It may seem unfair, but potentially endangering the safety of an aircraft is a serious matter.

If passengers are refused boarding, it may be possible for them to fly at a later date once they have sobered up, but this decision will be solely down to the airline.

Those looking to submit a claim on their travel insurance should be aware that a policy will not cover any costs associated with the passengers being refused boarding due to their behaviour. This includes the cost to return home if they are diverted during a flight and land in another country.

What can passengers do to prevent this happening to them?

It really is as simple as making sure they do not drink excessively or take drugs before boarding their flight. Everyone has a different tolerance when it comes to alcohol, but during a flight the pressure in the cabin causes lower oxygen levels and passengers may feel the effects of alcohol quicker – even after one or two drinks.

If passengers find themselves next to someone who appears intoxicated, discretely report them to a member of airline staff. Occasionally intoxicated people slip past the gate staff and are allowed to board the plane. Reporting the passenger before take-off can prevent a lot of aggravation during the flight.

Unfortunately, until a regulation is put in place to restrict the amount of alcohol a passenger can consume before a flight – or a ban is put in place, these incidences are likely to continue and become more frequent. Just make sure it doesn’t happen to you. More on alcohol abroad can be found here.

Handling a DUI or DWI Stop & Legal Implications

If you have been pulled over on suspicion of driving under the influence of alcohol or drugs, you may feel anxious and confused. However, even if you are sure that you have done nothing wrong, you should behave politely and calmly rather than escalating the interaction, which could lead to additional charges. Depending on your situation, you may be able to use the events leading up to the stop or the police officer’s conduct during the stop in a defense to any DUI charge that results from it.

Basis for the Stop

First, you should be aware that an officer cannot just pull over your vehicle based on a whim or a hunch that you might be driving drunk. They must have a reasonable suspicion that they can articulate that you have violated the law. This does not necessarily mean a reasonable suspicion that you have been drinking or using drugs. The officer might stop you for running a red light, making an improper lane change, or violating another traffic rule. The stop would be permissible on this basis, and then the officer would be able to make a DUI arrest if they observe indications of intoxication during the course of interacting with you.Reasonable Suspicion

A police officer needs a reasonable suspicion that an individual has violated the law before they may pull over a vehicle.

On the other hand, if the officer lacks a reasonable basis for the stop, you likely can get any evidence from the stop suppressed from your case. (This is an argument that you will need to make; the court will not automatically suppress the evidence.) For example, if an officer saw you walk out of a bar and start driving, but you drive safely and obey traffic laws while the officer follows you, the fact that you walked out of a bar would not give the officer a reasonable basis to make the stop.

Refusal to Submit to Testing

Officers use two main types of tests to determine a driver’s intoxication: field sobriety tests and chemical tests. Field sobriety tests are less reliable than chemical tests and can be affected by a wide range of factors, such as fatigue, medications that a driver may be taking, or pre-existing medical conditions. You are not required to submit to a field sobriety test upon an officer’s request in most states. The unreliability of results from these tests may be a reason to refuse them.Penalties

Even if DUI charges are dropped or the defendant is found not guilty, they still may face consequences for refusing a chemical test.

By contrast, a driver often must submit to chemical testing under implied consent laws. These laws vary, but the usual idea is that you automatically consent when you drive on the roads of that state to have your blood alcohol content (BAC) tested for intoxication when you are arrested for DUI. This does not mean that you cannot refuse a test, but you will face penalties for the refusal. A driver generally will have their license suspended for a certain period, such as six months or a year, based on the refusal. Also, a refusal does not necessarily prevent the police and prosecution from proving a DUI charge if other evidence shows that you were intoxicated. If you refused a test and then were convicted of DUI anyway, you may face harsher penalties than if you had not refused. Thus, it is generally wise to consent to a chemical test.

Sobriety Checkpoints

While most DUI stops are unplanned events involving one officer and one driver, sometimes law enforcement will set up a sobriety checkpoint in a certain location. Most but not all states permit these checkpoints, which must meet certain requirements to comply with the Constitution. Law enforcement must have a logical reason for choosing the location of a checkpoint, and they must give notice in advance to the public. Checkpoint procedures must be conducted in a neutral manner so that certain types of drivers are not singled out. The checkpoint must last only for a limited, reasonable time. If you were arrested for DUI following a stop at a sobriety checkpoint, you may be able to defend the case by arguing that law enforcement did not follow appropriate procedures at the checkpoint.