Arielle Cruz
The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. The eCFR is not an official legal edition of the CFR. The topic of alcohol possession is addressed in 14 CFR 61.15 and 14 CFR 91.17, which cover offenses involving alcohol or drugs. These sections outline the consequences of convictions related to alcohol possession and use, including the denial of applications and the suspension or revocation of certificates, ratings, or authorizations. Additionally, 49 CFR § 392.5 addresses alcohol prohibition for drivers, with specific regulations for commercial motor vehicles.
| Characteristics | Values |
|---|---|
| Code of Federal Regulations (CFR) | The official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government |
| Electronic Code of Federal Regulations (eCFR) | A continuously updated online version of the CFR |
| 14 CFR 61.15 | Offenses involving alcohol or drugs |
| 49 CFR 392.5 | Alcohol prohibition |
| 49 CFR § 392.5 | Alcohol prohibition |
| 14 CFR 91.17 | Alcohol or drugs |
| 14 CFR § 91.17 | Alcohol or drugs |
| 42 CFR Part 2 | Confidentiality of Substance Use Disorder Patient Records |
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What You'll Learn
Alcohol concentration testing
Testing Alcohol Concentration in Blood
Blood alcohol concentration (BAC) tests are commonly used to determine if a person has been drinking and, if so, to what extent it is affecting them. These tests are often used for legal or medical reasons, including:
- Providing legal evidence: Law officials use BAC tests to check if an individual has been drinking underage, violated a parole agreement, or drove above the legal BAC limit.
- Employment: Employers may conduct alcohol tests before hiring or to ensure employees are not under the influence while on the job, especially if a work accident occurs.
- Alcohol use disorder monitoring: Testing may be required to ensure individuals with alcohol use disorder are abstaining from drinking as part of their treatment program.
- Alcohol poisoning: In emergency situations, medical staff may use BAC tests to check for alcohol poisoning, a life-threatening condition that arises when blood alcohol levels reach dangerously high levels.
Testing Alcohol Concentration in Beverages
The measurement of alcohol concentration in beverages is important for quality control, proper labelling, and tax purposes. There are various methods to determine alcohol concentration:
- Density Meters: These instruments, such as the Rudolph DDM 2911 Plus, measure the density of an alcohol-water mixture and convert it into alcohol concentration.
- Hydrometers: Tubelike instruments that help calculate the alcohol by volume (ABV) percentage.
- Refractometers: These measure the degree of light refraction in a liquid, which is influenced by the amount of sugar and alcohol present.
- Distillation and Gas Chromatography: Larger manufacturers may employ more advanced laboratory techniques to analyse their beverages.
The specific method chosen depends on factors such as the scale of production and the desired level of accuracy.
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Operating a motor vehicle
Federal law prohibits drivers from operating commercial motor vehicles while impaired by alcohol or drugs. This includes having any measurable alcohol concentration or detected presence of alcohol while on duty or operating a commercial motor vehicle. The law also prohibits possessing wine, beer, or distilled spirits while on duty or operating such a vehicle.
In addition, federal regulations define the "passenger area" of a vehicle as any area designed to seat the driver and passengers while the vehicle is in operation, as well as any area readily accessible to the driver or passengers while seated, including the glove compartment. Federal law requires states to prohibit drivers and passengers from possessing open alcoholic beverage containers or consuming alcohol in the passenger area of a vehicle on a public highway or road shoulder. This applies to all open containers with any measurable amount of alcohol and includes beer, wine, and spirits containing 0.5% or more alcohol by volume.
States that do not comply with these federal requirements face a transfer of 3% of their federal highway construction grant funds to their highway safety grant programs. However, this does not result in a loss of funds for the state, but rather a redirection from construction programs to safety initiatives.
Regarding licensing, a conviction for operating a motor vehicle while intoxicated or impaired by alcohol or drugs can result in the denial, suspension, or revocation of a license. This includes situations where an individual fails a blood or breath test or refuses to submit to such a test. Additionally, any alcohol- or drug-related motor vehicle actions, including arrests, administrative actions, and convictions, must be reported under Part 67 of the airman application for a medical certificate.
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Denial of applications
The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR.
In terms of alcohol possession, 14 CFR 91.17 states that no person may act or attempt to act as a crew member of a civil aircraft within eight hours of consuming an alcoholic beverage. This also applies if the person has an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration is defined as grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.
Additionally, a law enforcement officer may request a test to indicate the alcohol concentration in the blood or breath of an individual if they are authorized under state or local law to conduct the test and if they suspect a violation of state or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section.
If the FAA has a reasonable basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, that person must furnish the results of a test taken within four hours of acting or attempting to act as a crew member that indicates alcohol concentration.
With regards to denial of applications, a conviction for violating any Federal or State statute relating to the possession of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for denial of an application for any certificate, rating, or authorization issued under this part for up to 1 year after the date of the final conviction. This is outlined in 14 CFR 61.15.
Furthermore, failure to comply with paragraph (e) of 14 CFR 61.15 is grounds for denial of an application for any certificate, rating, or authorization for up to 1 year after the date of the motor vehicle action.
Additionally, committing an act prohibited by § 91.17(a) or § 91.19(a) of this chapter is also grounds for denial of an application for a certificate, rating, or authorization for up to 1 year. This is also outlined in 14 CFR 61.15.
In terms of motor vehicle actions, this refers to a conviction after November 29, 1990, for violating any Federal or State statute relating to the operation of a motor vehicle while intoxicated, impaired, or influenced by alcohol or drugs. It also includes the denial of an application for a license to operate a motor vehicle for these reasons.
Drivers who are subject to an out-of-service order under 49 CFR 392.5 may petition for review of that order by submitting a written petition within 10 days of the issuance of the order.
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Suspension or revocation
The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR.
With regards to alcohol possession, 14 CFR 91.17 states that no person may act or attempt to act as a crew member of a civil aircraft within 8 hours of consuming an alcoholic beverage. This also applies if the person has an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration is defined as grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.
Furthermore, a pilot of a civil aircraft may not allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that they are under the influence of drugs to be carried in the aircraft, except in an emergency.
In terms of suspension or revocation, 14 CFR 61.15 outlines offenses involving alcohol or drugs. A conviction for violating any Federal or State statute related to the possession, sale, or transportation of narcotic drugs, marijuana, or depressant drugs is grounds for suspension or revocation of any certificate, rating, or authorization issued. This also applies to committing an act prohibited by § 91.17(a) or § 91.19(a) of the same chapter.
Additionally, failure to comply with certain paragraphs of this section, such as submitting to alcohol testing when requested by a law enforcement officer, can result in the suspension or revocation of any certificate, rating, or authorization.
It's important to note that the eCFR is not an official legal edition of the CFR and is meant to be a continuously updated online version.
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Alcohol prohibition
The Eighteenth Amendment was passed by the U.S. Congress in 1917 and ratified by three-quarters of the nation's states in 1919, along with the Volstead Act, which outlined the rules for enforcing the federal ban. While Prohibition aimed to eliminate alcohol from American life, it ultimately failed to achieve this goal. People found loopholes in the anti-liquor laws, such as obtaining prescriptions for medicinal liquor or exploiting religious exemptions, and when these methods didn't work, they turned to illegal avenues.
The emergence of a black market, including bootleggers, speakeasies, and distilling operations, led to the formation of organized crime syndicates that coordinated the complex chain of alcohol production and distribution. Corruption in law enforcement became widespread, and Prohibition was also detrimental to the economy, eliminating jobs in what had been a significant industry. Additionally, attempts to prevent the consumption of industrial alcohol through denaturation with poisonous additives like wood alcohol led to the unintentional poisoning, paralysis, and deaths of thousands of drinkers.
By the late 1920s, opposition to Prohibition grew, criticizing its negative impact on tax revenue and the imposition of rural religious values on urban areas. The Twenty-first Amendment, ratified in 1933, eventually repealed the Eighteenth Amendment, ending nationwide Prohibition. However, some states continued to enforce alcohol prohibition at the local level. The overall effects of Prohibition on society remain disputed, with conflicting research on its impact on alcohol consumption and crime rates.
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Frequently asked questions
The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government.
The CFR states that no person may act or attempt to act as a crew member of a civil aircraft within 8 hours of consuming alcohol or while having an alcohol concentration of 0.04 or greater in a blood or breath specimen. It also prohibits pilots from allowing apparently intoxicated individuals to be carried in their aircraft.
Violating the alcohol-related provisions in the CFR can result in the denial of applications for certificates, ratings, or authorizations for up to 1 year, as well as suspension or revocation of existing certificates, ratings, or authorizations.
Yes, there are specific regulations for drivers of commercial motor vehicles, such as the alcohol prohibition outlined in 49 CFR § 392.5, which includes penalties for non-compliance.
