The Federal Aviation Administration (FAA) does not prohibit pilots from consuming alcohol. However, the FAA sets rules for how long a pilot must wait to fly after drinking alcohol. This standard is called the “Bottle to Throttle” rule. If you are a pilot, you need to be aware of this rule and the implications if you drink alcohol and fly too early.
What Is the Bottle-to-Throttle Rule for Pilots?
The FAA rulebook states that a pilot is prohibited from consuming alcohol within eight hours of a flight. Pilots cannot have a blood alcohol content (BAC) of .04% or higher and fly. The law also prohibits them from being under the influence of alcohol and flying.
Some airlines set stricter rules for their pilots. Therefore, you may be required to wait longer to fly after drinking alcohol, depending on the airline you work for.
However, the FAA’s Fitness to Flight Manual states that a pilot could be under the influence of alcohol after eight hours because of the slow destruction of alcohol. Therefore, a better rule is to wait at least 12 to 24 hours between drinking and flying.
How Does the FAA Test Pilots for Alcohol Consumption?
Pilots and other individuals who perform safety-sensitive functions for a regulated employer are subject to being tested for alcohol use. Pilot alcohol testing includes:
- Return to duty tests
- Random tests
- Post-accident tests
- Reasonable suspicion tests
- Follow-up tests
The FAA uses an evidential breath-testing device approved by the NHTSA for alcohol testing. A DOT breath alcohol technician conducts two tests. The screening test is performed first. The technician performs a confirmation test if the screening test shows a BAC above the allowed limit. The results of the confirmation test determine the action taken by the FAA.
A pilot can be removed from a flight if their BAC is above the limit after a DOT alcohol test. Even if the pilot’s BAC is lower, they could still be removed because they are under the influence of alcohol.
How Do I Know When It Is Safe to Operate an Aircraft After Consuming Alcohol?
At a BAC of .04% to .06%, a person experiences minor impairment of memory and reasoning. Between .07% and .09%, a person experiences mild impairment of speech, balance, control, and vision. These impairments could have deadly results if a pilot operates an aircraft in this condition.
Alcohol leaves the body at a rate of about .015% to .020% BAC per hour, which means that it would take between 4 to 5 hours for someone with a BAC of .08% to reach zero BAC. However, alcohol affects people differently. Many factors impact how quickly a person becomes intoxicated.
As the FAA advised, the eight-hour “Bottle to Throttle” rule may not be sufficient to allow alcohol to leave a pilot’s body. Drinking coffee, taking a shower, or getting fresh air speeds up the process of sobering up after alcohol consumption.
Pilots must consider that the FAA and HIMS AMEs calculate backward to estimate BAC at the time of consumption. Hence, your BAC could be much higher than when you were tested.
The FAA uses this information as an indicator of a pilot’s dependence on alcohol and substance abuse. Therefore, even though you tested below the limit on an alcohol test, if your BAC was high at the time you were consuming the alcohol, you could be subject to HIMS protocol.
What Happens if a Pilot Fails an Alcohol Test?
The consequences of failing an alcohol test can be severe for a pilot. You could lose your job or face an Employer HIMS program for failing an alcohol test. The FAA could also take legal action, which could include:
- Emergency Order of Suspension
- Emergency Order of Revocation
- Letter of Investigation
- Notice of Proposed Certificate Action
If you fail an alcohol test, we encourage you to contact a nationwide FAA attorney for a free consultation.
Contact the Aviation Lawyers from The Ison Law Firm Aviation Lawyers for Help Today
You need both a pilot and a lawyer on your side for your aviation law needs. Don’t hesitate to contact our team from The Ison Law Firm Aviation Lawyers to schedule a confidential consultation with an experienced aviation lawyer today.
We’re pilots representing pilots. The Ison Law Firm Aviation Lawyers offers FAA enforcement defense and medical certification representation worldwide!
The Ison Law Firm Aviation Lawyers
Phone: Toll-Free 855-322-1215
Office Hours: Mon – Thu, 9:00 AM to 5:00 PM
Fri, 9:00 AM to 12:00 PM
Disclaimer: Messages left for attorneys after these business hours will be addressed the following business day, during business hours.
