If you operate a motorized vehicle in Phoenix, and whether it has wheels, a keel or wings, you are expected to pilot it without being under the influence of any kind of alcohol or intoxicating drug. Because of this, water enthusiasts are not the only people in Phoenix who can be arrested for operating under the influence (OUI) crimes (watercraft OUI). If you operate an aircraft under the influence in Phoenix, you can also be arrested and charged with a very serious crime. Phoenix Revised Statute A.R.S 28-8282 states:
It shall be unlawful for any person to operate or be in the actual physical control of any aircraft while under the influence of alcoholic liquor or of any drug or when that person has five-hundredths of one percent or more by weight of alcohol in his or her body fluid as shown by chemical analysis of his or her blood or breath.
Being arrested for operating an aircraft under the influence in Phoenix can be a very troubling and stressful experience. It can also potentially hamper your ability to fly ever again. Because of this, if you find yourself charged with flying under the influence in Phoenix, it is essential to consult a reputable defense attorney with extensive knowledge of the OUI laws in Phoenix. You should also seek out an aggressive attorney who will fight to make sure your rights are being upheld throughout every phase of the OUI legal process.
State or Federal OUI Charges for Flying Under the Influence
Whereas OUI crimes for watercraft are tried on the state level, flying under the influence can be tried on a federal level in some cases. This means that incarceration sentences and financial penalties for flying under the influence can be much more severe than for watercraft-based OUI crimes.
In addition, federal agencies including the Federal Aviation Administration (FAA) and Federal Bureau of Investigations (FBI) can become involved in a flying under the influence investigation.
According to the Federal Aviation Regulations (FAR), which are governed by the FAA, the legal definition of flying under the influence mandates that no person may act or attempt to act as a crewmember of a civil aircraft:
- Within eight hours after drinking alcohol.
- While actively under the influence of alcohol.
- While under the influence of any drug that affects someone’s faculties in any way contrary to safety.
- While having a blood alcohol concentration (BAC) of .04% or greater.
You can even be arrested for flying under the influence if you are sitting in the cockpit on the ground and the plane is not actively running. Also, if you choose to refuse to consent to a blood or breath test when prompted by authorities, you are committing a crime that can result in hefty fines, as well as suspension or revocation of your pilot’s license.
Penalties for Flying Under the Influence in Phoenix
The penalties for flying under the influence in Phoenix are varied, and depend heavily on whether or not the federal government becomes actively involved in prosecuting your case. However, some general penalties for flying under the influence include:
- Jail or prison time.
- Harsh fines.
- Mandatory alcohol treatment and/or education programs.
- Flying safety classes with an additional alcohol education component.
- License suspension and possibly revocation of flying privileges.
Even if you do have your pilot’s license reinstated at some point, you can face a very difficult and expensive challenge getting insured to be able to legally fly again.
Trust Phoenix DUI AttorneyWith your Flying Under the Influence OUI Defense
The best way to make sure you never face a crime as serious as flying under the influence, is to make sure you do not consume any alcohol or drugs for at least a day before you plan to operate an airborne vehicle. However, if you find yourself charged with flying under the influence in Phoenix, Phoenix DUI Attorneycan provide you with focused, aggressive legal assistance.
We can help defend you against these charges by making sure your constitutional rights are being protected. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are charged with flying under the influence in Phoenix, contact us today for a private, no obligation consultation at 480-900-5177.