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.