Owais Crawford
While drinking at the airport is not a crime, boarding a plane while drunk is prohibited by airlines' contracts of carriage, the legal agreement a passenger accepts when buying a ticket. This means that drunk passengers can be kept from boarding or removed from a plane once on board. However, Transportation Security Administration (TSA) officers are not law enforcement, so they cannot arrest you for being drunk. Instead, they can detain you until a law enforcement officer arrives. Nevertheless, it is essential to remember that unruly behaviour onboard a plane can result in a 20-year federal prison sentence and a $35,000 fine.
| Characteristics | Values |
|---|---|
| Is it illegal to be drunk at the airport? | No, it is not illegal to be drunk at the airport. However, your behaviour can have consequences, especially if it disrupts the peace or endangers others. |
| Can drunk people go through airport security? | Yes, TSA officers are not law enforcement and cannot arrest you for being drunk. However, they can detain you until a law enforcement officer arrives. Airport police could arrest or cite you for public intoxication. |
| Can drunk people board a plane? | Airlines can deny boarding to passengers who appear to be excessively intoxicated or disruptive. |
| Can drunk people be banned from an airline? | Yes, airlines can ban passengers for unruly behaviour. The length of the ban can vary depending on the severity of the offence and the airline's policies. |
| Can drunk people be arrested on a plane? | Yes, travellers who are under the influence and cause a disturbance could face arrest at the airport for public intoxication, federal criminal charges for interfering with a flight crew, reimbursement costs if a plane has to make an unexpected diversion, and fines from the FAA. |
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What You'll Learn
- TSA officers cannot arrest you for being drunk, but they can detain you
- Drunk passengers can be denied boarding or removed from a plane
- Airlines train staff to identify drunk passengers
- Drunk passengers can face a prison sentence and fines for unruly behaviour
- Alcoholic drinks with more than 24% alcohol are limited in checked bags
TSA officers cannot arrest you for being drunk, but they can detain you
While it is not unheard of for travellers to have a drink or two during a layover or before a flight, it is important to know your limits and be aware of the possible consequences of being drunk at an airport. TSA officers are not law enforcement and therefore cannot arrest you for being drunk. However, they can detain you until a law enforcement officer arrives. Most airports have airport police stationed with TSA agents, and these law enforcement officers can issue citations and make arrests.
Since the TSA does not conduct alcohol testing, you may be able to pass through the security checkpoint even if you are drunk. However, if you are visibly inebriated, airport police or TSA officers may detain you and prevent you from boarding your flight. They can also call the airline you are flying with, and the airline representative may decide to deny you boarding. This is because airlines' contracts of carriage—the legal agreement passengers accept when buying a ticket—state that passengers may not be allowed to fly if they appear "intoxicated or under the influence of drugs." This is in accordance with federal aviation regulations, which prohibit any airline from allowing an apparently intoxicated passenger to board a plane.
Even if you make it past the TSA, airport police, and airline representatives, you may still face consequences once on board the plane. If you fail to follow the flight attendants' instructions, cause a disturbance, or act belligerently, you may be arrested when the plane lands for public intoxication or interfering with a flight crew, in addition to facing other charges and fines. These charges can vary depending on where you land, and you could face public drunkenness charges even if your BAC is below the traditional level of legal drunkenness.
To avoid any issues, it is best to refrain from excessive drinking before or during your time at the airport. If you are concerned about alcohol consumption affecting your travel plans, consider seeking professional help or advice.
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Drunk passengers can be denied boarding or removed from a plane
While drinking at the airport or on a plane is not a crime, and passengers are legally allowed to consume alcohol, there are consequences for unruly behaviour. Airlines can deny boarding or remove passengers from a plane if they are drunk and causing a disturbance. This is because intoxicated passengers have been known to be violent and cause issues for other passengers and staff.
Transport Security Administration (TSA) officers operate only at airports and can detain drunk passengers until law enforcement arrives. TSA officers do not conduct alcohol testing, so drunk passengers may pass through without being stopped by a TSA officer. However, airport police could arrest drunk passengers for public intoxication or cite them, and passengers could also be denied boarding by airline staff.
Airlines have their own policies regarding alcohol consumption onboard. Usually, passengers are only allowed to consume alcohol served by flight attendants, and flight attendants are not permitted to serve drunk passengers. Airlines reserve the right to deny boarding to passengers who appear excessively intoxicated or disruptive, and can ban passengers for unruly behaviour. The ban length varies depending on the severity of the offence and the airline's policies.
Passengers who are drunk and cause a disturbance could face arrest at the airport for public intoxication, federal criminal charges for interfering with a flight crew, reimbursement costs if a plane is diverted, and fines from the FAA. Even if a passenger has consumed alcohol legally, the airline can still prohibit them from boarding if they appear drunk.
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Airlines train staff to identify drunk passengers
While passing through airport security while drunk is not illegal, airlines can deny passengers the right to board a plane if they are drunk or under the influence of drugs. Federal aviation regulations also prohibit airlines from allowing passengers to board if they appear to be intoxicated. This is because drunk passengers can be annoying, aggressive, and even put an entire flight in danger in the event of an onboard emergency.
To address this issue, airlines train their staff to identify drunk passengers. For example, cabin crew members are trained to spot intoxicated passengers as they board the plane. They look for passengers who are slurring or swaying and those who go to the bathroom more often than normal. They also watch out for passengers who switch between galleys when asking for more drinks, assuming that staff at both galleys do not share notes. Many airlines use a "traffic-light" system to categorize passengers based on their behavior. Passengers who exhibit mellow and affable behavior are placed in the green category, while those who become louder and more animated are placed in the yellow category and may be offered water. The red category means it's cut-off time for alcohol service.
In addition to cabin crew, check-in staff and ground staff are also encouraged to identify and report any passenger whose behavior suggests they might be unsuitable for carriage due to intoxication. This information is then shared with the relevant personnel to make decisions about granting or denying carriage. For example, the Canadian Air Transport Security Authority (CATSA) developed a Zero Tolerance Unruly Passenger policy after noticing an increase in unruly passenger incidents at screening checkpoints.
Airlines also train their staff to differentiate between drunkenness and physical conditions or disabilities that could be mistaken for intoxication. This helps ensure that individuals with certain conditions or disabilities are not wrongfully denied boarding. Overall, these training programs aim to prevent disruptive and violent incidents caused by drunk passengers and ensure the safety and comfort of all travelers.
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Drunk passengers can face a prison sentence and fines for unruly behaviour
While it is not illegal to consume alcohol at an airport, drunk passengers can face serious consequences for unruly behaviour. It is a crime to engage in unruly behaviour on board a plane, which can result in a 20-year federal prison sentence and a $35,000 fine if the incident is severe enough. Unruly behaviour can include verbal or physical altercations with crew or passengers, refusing to follow safety instructions, or causing significant disruptions to the flight.
Airlines typically have their own policies regarding alcohol consumption on board. Usually, passengers are only allowed to consume alcohol served by the flight attendants. Airlines reserve the right to deny boarding to passengers who appear to be excessively intoxicated or disruptive. Drunk passengers can be prohibited from boarding at all if they are drunk or under the influence of drugs—even if the substances are legal. This is because the airline's contract of carriage, the legal agreement a passenger accepts when they buy a ticket, states that passengers may not be allowed to fly if they appear "intoxicated or under the influence of drugs."
Even if a drunk passenger makes it past security and boards the plane, they could still face consequences depending on their actions. If a drunk passenger fails to follow the flight attendants' directions, causes a disruption, or causes a scene, they could be arrested when the plane lands for those actions, in addition to those related to public drunkenness. Depending on where the plane lands, a passenger could face public drunkenness charges even if their BAC is below 0.08%, the traditional level of legal drunkenness.
In addition to criminal charges, drunk passengers who cause a disturbance could face civil liability. They could be held liable for reimbursement costs if a plane has to make an unexpected diversion, and they could face fines from the FAA. Therefore, it is essential for passengers to be cautious and aware of their consumption of alcohol before and during their travels.
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Alcoholic drinks with more than 24% alcohol are limited in checked bags
Drinking at the airport or on a plane is not a crime, and it is legal to consume alcohol at the airport, provided that you are of legal drinking age. However, it is important to be aware of the potential consequences of excessive alcohol consumption, especially if it leads to disruptive or violent behaviour. While being drunk is not a crime in itself, unruly behaviour on a plane can result in criminal charges and significant penalties.
Federal aviation regulations prohibit passengers from boarding an aircraft if they appear to be intoxicated. Airlines can deny boarding to passengers who seem excessively drunk or disorderly, and they can also remove passengers from a plane once on board. Additionally, flight attendants are not permitted to serve alcohol to passengers who are already intoxicated.
When it comes to bringing alcoholic beverages in checked bags, there are specific limitations. Alcoholic drinks with more than 24% but not more than 70% alcohol are restricted to 5 litres (1.3 gallons) per passenger and must remain unopened in their original retail packaging. This restriction is implemented by the Transportation Security Administration (TSA) and applies to checked bags only. Alcoholic drinks containing 24% alcohol or less are not subject to these quantity limitations when packed in checked luggage.
It is worth noting that TSA officers are not law enforcement officials, so they cannot make arrests if they find alcohol in your luggage. However, they can detain you until a law enforcement officer arrives, and airport police can issue citations or make arrests for public intoxication if you are visibly drunk. Therefore, it is advisable to be cautious and aware of the potential consequences of excessive alcohol consumption when travelling through airport security and aboard an aircraft.
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Frequently asked questions
Yes, it is not illegal to go through airport security drunk. However, if you are visibly inebriated, the airport police could arrest or cite you for public intoxication.
Yes, airlines typically reserve the right to deny boarding to passengers who appear to be excessively intoxicated or disruptive.
If you are drunk and miss your flight, the airline may deny you boarding and ask you to book another flight when you are sober.
