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Penalties for operating an aircraft while under the influence of alcohol, drugs or other intoxicating substances are found in Idaho Code section 21-112. Violation of the section is a misdemeanor. However, federal aviation regulations and standards may impose different or additional penalties not listed below.
UNDER INFLUENCE WHILE OPERATING AIRCRAFT – I.C. § 21-112A
It is unlawful for any person to pilot or be in actual physical control of an aircraft within Idaho, whether upon an airport, body of water, or in the airspace over Idaho:
- Within 8 hours after the consumption of any alcoholic beverage;
- While under the influence of alcohol;
- While using any drug that affects the person’s faculties in any way contrary to safety; or
- While having an alcohol concentration of .04 BAC.
As in the case of driving a motor vehicle, a pilot’s license is a privilege and upon receiving such license, the pilot is deemed to have given his implied consent to evidentiary testing when requested by an officer who has reasonable grounds for such request. Refusing to submit to evidentiary testing could result in suspension or revocation of the pilot’s certificate or rating, or denial of application for certification or rating, under federal aviation regulations. Upon refusal, the officer shall file an affidavit of such fact with the administrator of the federal aviation agency.
Maximum Penalties for Offense: 6 Months in Jail and/or $1,000 Fine. The Court has discretion to revoke or suspend the offender’s registration certificates for up to 1 year. The Court shall also cause a notation of the conviction and imposed sentence to be marked upon the pilot certificate.
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