Drinking at the airport or even on the plane is not a crime, and many share the same mentality that vacation starts once past security. However, it is a crime to engage in unruly behavior onboard a plane, which can result in a 20-year federal prison sentence and a $35,000 fine if the incident is severe enough.

Simply drinking alcohol on a plane is not a felony; in fact, it is perfectly legal for passengers over the age of 21 (on U.S. carriers) to consume alcohol served by the crew. However, it is a federal offense to consume your own personal alcohol that you brought on board. Under FAA regulations, all alcohol must be served by a flight attendant. If your drinking leads to "interference with a flight crew," such as disobeying safety instructions, being unruly, or assaulting a staff member, the situation can escalate to a felony charge. Assaulting or intimidating a crew member is a serious crime punishable by up to 20 years in prison and fines of $35,000 or more. Because the aircraft is under "special jurisdiction," even minor alcohol-fueled disruptions can be handled by federal marshals and prosecuted in federal court rather than local municipality courts.

Excellent question. The short answer is: No, simply drinking alcohol on a plane is not a felony.

However, the situation is more nuanced, and certain related behaviors can lead to serious federal felony charges. Here’s a detailed breakdown:

1. The Legal Framework

• Federal Jurisdiction: Once the aircraft door closes, federal laws apply. The primary law governing behavior on aircraft is 49 U.S. Code § 46504 - Interference with flight crew members and attendants (often referred to as “interfering with a flight crew”).
• FAA Regulations: The Federal Aviation Administration (FAA) has strict regulations. 14 CFR § 121.575 prohibits passengers from drinking alcohol on board unless it is served by the airline. This means:
  • You cannot consume your own “personal” alcohol (brought from home or duty-free and opened on board).
  • Flight attendants have the legal right to refuse service to anyone they believe is intoxicated.

2. When It Becomes a Crime (Misdemeanor)

Violating the FAA regulation by drinking your own alcohol or becoming intoxicated can lead to: Civil Penalties: Fines from the FAA (often thousands of dollars). Federal Misdemeanor Charges: You could be charged with a misdemeanor for disorderly conduct, failure to obey crew instructions, or public intoxication upon landing.

3. When It Can Escalate to a Felony

The act of drinking itself isn’t the felony. The felony charges arise from behavior resulting from intoxication that seriously endangers the flight. This falls under the “interfering with a flight crew” statute.

You can be charged with a federal felony if, while intoxicated, you: Assault or intimidate a flight attendant or pilot. Physically interfere with the duties of the crew (e.g., preventing them from performing safety duties). Refuse to comply with lawful instructions (like staying seated) in a way that is disruptive and dangerous. Attempt to enter the cockpit. These actions are taken extremely seriously post-9/11 and are aggressively prosecuted.

Penalties for a felony conviction can include: Up to 20 years in prison (and even life imprisonment if a dangerous weapon is involved).