# Is it illegal to drink your own alcohol on a plane? **URL:** \ **Category:** Factual Questions\ **Created:** [September 6, 2011, 4:20pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403 "2011-09-06T16:20:31Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Wheelz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wheelz/32/5718_2.png) [@Wheelz](https://boards.straightdope.com/u/Wheelz)\ **Post date:** [September 6, 2011, 4:20pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/1 "2011-09-06T16:20:31Z")
On a domestic flight last night, my wife and I finished the ice water we’d been served, then we each poured a 50ml serving of scotch (which my wife had carried on in her purse) over the leftover ice. A flight attendant came down the aisle collecting trash, and as my wife deposited the two tiny bottles he said to her, “You know you’re not allowed to bring your own booze on a plane, it’s illegal.” To which she replied, “No, I _didn’t_ know that.” The FA said, “Well, you’ll know for next time,” and went on his way. At no time, however, did he or anybody else try to take our drinks away or stop us from consuming them. We’ve done this plenty of times before and never tried to hide it, and nobody has said a word about it until this time. So I decided to check it out, and the [TSA website](http://www.tsa.gov/travelers/airtravel/assistant/editorial_1189.shtm) says this: > [@](#): > > Travelers may now carry through security checkpoints travel-size toiletries (3 ounces or less) that fit comfortably in ONE, QUART-SIZE, clear plastic, zip-top bag. > > With the exception of medications, any amount of liquid including alcohol greater than three ounces must be packed in your checked baggage. > > Liquids, including alcohol purchased after clearing the security checkpoint are permitted aboard aircraft. Not a word, though, about actually _drinking_ said alcohol on board. Additional googling found mostly the same information on various sites, including some of the airlines’ own, but the question about drinking carried-on liquor remains mostly unanswered. The only page I found that seems to back up the FA’s assertion was on something called [eHow.com](http://www.ehow.com/list_6136630_domestic-rules-taking-bottles-alcohol.html): > [@](#): > > Additionally, any alcohol that is personally brought on board an aircraft cannot be consumed. You’ll surely forgive me if I don’t accept this site I’d never heard of as the final word on the subject. Seems to me that if this is indeed illegal, nobody is going out of their way to tell people about this or to enforce it. Anybody know the real Straight Dope? ---
**Author:** ![mhendo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mhendo/32/3159_2.png) [@mhendo](https://boards.straightdope.com/u/mhendo)\ **Post date:** [September 6, 2011, 4:36pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/2 "2011-09-06T16:36:12Z")
I can’t seem to find anything definitive on this either. I’ve found a few other “cites” similar to yours, with people on the internet claiming that it’s illegal, but not offering any actual evidence except their own words. Another possibility that occurred to me was that the flight attendant was confusing “illegal” with “against the rules.” It’s possible that it’s _legal_ to drink your own alcohol on a flight, but that it’s also against the airline’s own rules. But a search of three different airline websites (Delta, Southwest, United) turned up no rules about consuming your own alcohol on a plane. ---
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [September 6, 2011, 4:49pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/3 "2011-09-06T16:49:51Z")
Don’t know about “illegal,” but [Continental says:](http://www.continental.com/web/en-US/content/travel/inflight/dining/beverages/default.aspx) > [@Continental Airlines](#): > > Only alcoholic beverages served by a flight attendant may be consumed on board. United says the same thing. American Airlines says: > [@American Airlines](#): > > Please note that only alcoholic beverages served by a flight attendant may be consumed onboard… Couldn’t find anything like this on Delta’s website or Southwest Airlines’ website. ---
**Author:** ![rogerbox](https://avatars.discourse-cdn.com/v4/letter/r/76d3ee/32.png) [@rogerbox](https://boards.straightdope.com/u/rogerbox)\ **Post date:** [September 6, 2011, 4:53pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/4 "2011-09-06T16:53:30Z")
I found this cite which seems to say it is okay to drink your own alcohol only if you can get the flight stewards to serve you: [§ 121.575   Alcoholic beverages. :: PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS :: CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION :: Title 14 - Aeronautics and Space :: Code of Federal Regulations :: Regulations :: Law :: Justia](http://law.justia.com/cfr/title14/14-2.0.1.4.19.20.11.30.html) This seems to be some kind of law instead of just airline policy, but I am not educated on legal matters so I don’t know the jurisdiction. > [@](#): > > (a) No person may drink any alcoholic beverage aboard an aircraft unless the certificate holder operating the aircraft has served that beverage to him. > (b) No certificate holder may serve any alcoholic beverage to any person aboard any of its aircraft who— > (1) Appears to be intoxicated; > (2) Is escorting a person or being escorted in accordance with 49 CFR 1544.221; or > (3) Has a deadly or dangerous weapon accessible to him while aboard the aircraft in accordance with 49 CFR 1544.219, 1544.221, or 1544.223. > (c) No certificate holder may allow any person to board any of its aircraft if that person appears to be intoxicated. > (d) Each certificate holder shall, within five days after the incident, report to the Administrator the refusal of any person to comply with paragraph (a) of this section, or of any disturbance caused by a person who appears to be intoxicated aboard any of its aircraft. ---
**Author:** ![Sparky812](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@Sparky812](https://boards.straightdope.com/u/Sparky812)\ **Post date:** [September 6, 2011, 5:18pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/5 "2011-09-06T17:18:04Z")
Interesting…on one of my spring break trips to Acapulco (from Canada), “someone” cracked a bottle and passed it around the plane. The flight attendants became quite irate and reported us to the pilot who announced over the P.A. that consuming alcohol on the flight was illegal and whoever was responsible was to stash it immediately and no further action would be taken. So I looked it up, [Canadian Aviation Regulations](http://www.tc.gc.ca/eng/civilaviation/regserv/cars/part6-602-2436.htm#602_04) state… > [@](#): > > _ **Alcohol or Drugs - Passengers** _ > **602.04** (1) In this section, “intoxicating liquor” means a beverage that contains more than 2.5 per cent proof spirits. > (2) No person shall consume on board an aircraft an intoxicating liquor unless the intoxicating liquor > _(a)_ has been served to that person by the operator of the aircraft; or > _(b)_ where no flight attendant is on board, has been provided by the operator of the aircraft. > … > [@rogerbox](#): > > I found this cite which seems to say it is okay to drink your own alcohol only if you can get the flight stewards to serve you: [§ 121.575   Alcoholic beverages. :: PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS :: CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION :: Title 14 - Aeronautics and Space :: Code of Federal Regulations :: Regulations :: Law :: Justia](http://law.justia.com/cfr/title14/14-2.0.1.4.19.20.11.30.html) I think your interpretation is incorrect. (a) No person may drink any alcoholic beverage aboard an aircraft unless the certificate holder operating the aircraft has served that beverage to him. I would read this as you can only consume the alcoholic beverages that are supplied by the operator of the aircraft. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [September 6, 2011, 5:22pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/6 "2011-09-06T17:22:37Z")
> [@rogerbox](#): > > I found this cite which seems to say it is okay to drink your own alcohol only if you can get the flight stewards to serve you: [§ 121.575   Alcoholic beverages. :: PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS :: CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION :: Title 14 - Aeronautics and Space :: Code of Federal Regulations :: Regulations :: Law :: Justia](http://law.justia.com/cfr/title14/14-2.0.1.4.19.20.11.30.html) > > This seems to be some kind of law instead of just airline policy, but I am not educated on legal matters so I don’t know the jurisdiction. To be specific, it’s a section of the Code of Federal Regulations and thus it is a federal regulation, and the jurisdiction is the United States. ---
**Author:** ![Colophon](https://avatars.discourse-cdn.com/v4/letter/c/f05b48/32.png) [@Colophon](https://boards.straightdope.com/u/Colophon)\ **Post date:** [September 6, 2011, 5:25pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/7 "2011-09-06T17:25:45Z")
> [@](#): > > Liquids, including alcohol purchased after clearing the security checkpoint are permitted aboard aircraft. A perfect example of a missing comma making a rule ambiguous. ---
**Author:** ![rogerbox](https://avatars.discourse-cdn.com/v4/letter/r/76d3ee/32.png) [@rogerbox](https://boards.straightdope.com/u/rogerbox)\ **Post date:** [September 6, 2011, 5:33pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/8 "2011-09-06T17:33:48Z")
> [@Sparky812](#): > > I would read this as you can only consume the alcoholic beverages that are supplied by the operator of the aircraft. “(a) No person may drink any alcoholic beverage aboard an aircraft unless the certificate holder operating the aircraft has served that beverage to him.” It says nothing about where the alcohol came from, only that you may only drink it if it is SERVED to you by the certificate holder (steward). Since we know it is legal to bring liquor on board sealed, the above sentence makes it seem that it is okay to give your sealed alcohol to the steward and have them serve it to you. ---
**Author:** ![MPB\_in\_Salt\_Lake](https://avatars.discourse-cdn.com/v4/letter/m/c0e974/32.png) [@MPB\_in\_Salt\_Lake](https://boards.straightdope.com/u/MPB_in_Salt_Lake)\ **Post date:** [September 6, 2011, 5:38pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/9 "2011-09-06T17:38:59Z")
If a flight attendant tells you directly not to do something, then continuing to do it could (at least technically, if not usually in practice) wind up getting you charged with “Interfering With a Flight Crew” as some guy found out earlier today, when he was arrested for turning on his i-Phone while the flight was still taxiing to the gate after landing, despite repeatedly being told to turn it off by the flight attendant… ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [September 6, 2011, 5:39pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/10 "2011-09-06T17:39:32Z")
Illegal/against the rules/whatever, done discretely no one needs to know it is happening. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [September 6, 2011, 5:40pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/11 "2011-09-06T17:40:29Z")
> [@rogerbox](#): > > It says nothing about where the alcohol came from, only that you may only drink it if it is SERVED to you by the certificate holder (steward). Since we know it is legal to bring liquor on board sealed, the above sentence makes it seem that it is okay to give your sealed alcohol to the steward and have them serve it to you. Maybe, maybe not. Generally, it’s not a good idea to guess exactly what terms like this mean when used in the law. ---
**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\ **Post date:** [September 6, 2011, 6:05pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/12 "2011-09-06T18:05:27Z")
You can ask the steward to serve it to you; the worst that can happen is he says “no” and you have to put it away. ---
**Author:** ![gotpasswords](https://avatars.discourse-cdn.com/v4/letter/g/c57346/32.png) [@gotpasswords](https://boards.straightdope.com/u/gotpasswords)\ **Post date:** [September 6, 2011, 6:26pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/13 "2011-09-06T18:26:58Z")
Think of the airplane as a long skinny bar with unpleasant seats. Whether it’s on the ground or in the air, there’s a gaggle of laws regarding the legal and proper service of alcoholic beverages. Would you expect to get hollered at by the bartender if you pulled a bottle of booze out of your pocket and started drinking it? At most bars, you’d get a stern warning at the least, and quite likely, shown the door. Same thing in the air, except as noted above, you could be looking at charges of interfering with the flight crew, which is a bit of a catch-all, but the end result is you’re being grilled by the Feds for a while. Not my idea of a good way to end a flight. OTOH, if you keep that bottle in your pocket and didn’t touch it at any time you’re at the bar, the bartender or server won’t know and won’t care. ---
**Author:** ![rogerbox](https://avatars.discourse-cdn.com/v4/letter/r/76d3ee/32.png) [@rogerbox](https://boards.straightdope.com/u/rogerbox)\ **Post date:** [September 6, 2011, 6:31pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/14 "2011-09-06T18:31:11Z")
> [@gotpasswords](#): > > Think of the airplane as a long skinny bar with unpleasant seats. Whether it’s on the ground or in the air, there’s a gaggle of laws regarding the legal and proper service of alcoholic beverages. > > Would you expect to get hollered at by the bartender if you pulled a bottle of booze out of your pocket and started drinking it? At most bars, you’d get a stern warning at the least, and quite likely, shown the door. Same thing in the air, except as noted above, you could be looking at charges of interfering with the flight crew, which is a bit of a catch-all, but the end result is you’re being grilled by the Feds for a while. Not my idea of a good way to end a flight. > > OTOH, if you keep that bottle in your pocket and didn’t touch it at any time you’re at the bar, the bartender or server won’t know and won’t care. Except the OP is trying to figure out what is LEGAL in the air, not what will be against the airline rules. The stewardess specifically claimed it was illegal to drink their own alcohol. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [September 6, 2011, 6:33pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/15 "2011-09-06T18:33:36Z")
Whatever the rule, it’s been around for quite some time. Calvin Trillin wrote about it in a book published in 1978 (“But surely the rule wasn’t meant to apply to a Chateau Margaritte '73!”). > [@rogerbox](#): > > Except the OP is trying to figure out what is LEGAL in the air, not what will be against the airline rules. The stewardess specifically claimed it was illegal to drink their own alcohol. **roger** - _lega_l is whatever the airlines say is against the rules. “Interfering With a Flight Crew,” remember? That makes disobeying any rules the airline makes illegal. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [September 6, 2011, 6:35pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/16 "2011-09-06T18:35:22Z")
duplicate post ---
**Author:** ![rogerbox](https://avatars.discourse-cdn.com/v4/letter/r/76d3ee/32.png) [@rogerbox](https://boards.straightdope.com/u/rogerbox)\ **Post date:** [September 6, 2011, 6:45pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/17 "2011-09-06T18:45:27Z")
> [@silenus](#): > > **roger** - _lega_l is whatever the airlines say is against the rules. “Interfering With a Flight Crew,” remember? That makes disobeying any rules the airline makes illegal. That’s a good point. But the thread title says “Is it illegal to drink your own alcohol on a plane?” which I read to mean “barring airline regulations is the act of drinking your own alcohol on a plane illegal?” The stewardess who told him he couldn’t drink his own alcohol because it was illegal obviously meant it that way instead of a “interfering with the flight clue is illegal” sense of the word (assuming the OP was not on a vodka-fuelled rampage at the time! 😛 ) ---
**Author:** ![Wheelz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wheelz/32/5718_2.png) [@Wheelz](https://boards.straightdope.com/u/Wheelz)\ **Post date:** [September 6, 2011, 6:49pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/18 "2011-09-06T18:49:23Z")
> [@MPB\_in\_Salt\_Lake](#): > > If a flight attendant tells you directly not to do something, then continuing to do it could (at least technically, if not usually in practice) wind up getting you charged with “Interfering With a Flight Crew” as some guy found out earlier today, when he was arrested for turning on his i-Phone while the flight was still taxiing to the gate after landing, despite repeatedly being told to turn it off by the flight attendant… You are correct, and if the flight attendant had said “I’ll need to take those from you” or “Sorry, we can’t let you drink that,” we surely would have complied. Just the ambiguous “You’ll know for next time” and then he left us to enjoy our libations in peace. My suspicion is that _if_ we’d gotten plastered and caused a disturbance, that we – and probably the FA for not stopping us after he’d discovered our crime – could have gotten in big trouble. But he made a judgement call that we weren’t going to cause any problems with our ounce and a half of sippin’ scotch and decided to be cool about it. As I said in the OP, we’ve handed empty liquor bottles to flight attendants before with no verbal admonishments, and honestly had no inkling we were doing anything illicit. ---
**Author:** ![cruel\_butterfly](https://avatars.discourse-cdn.com/v4/letter/c/5daacb/32.png) [@cruel\_butterfly](https://boards.straightdope.com/u/cruel_butterfly)\ **Post date:** [September 6, 2011, 8:08pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/19 "2011-09-06T20:08:10Z")
There was a case in New Mexico where a passenger had been over-served during a flight (meaning that he had been allowed to consume alcohol far past the legal limit of .08 BAC). Once the plane landed in Albuquerque, this passenger either rented a car or retrieved his own vehicle, ended up on the wrong side of I-40, and plowed into a carload of people killing some or all…can’t quite remember. In this case, the flight crew and the airline were held responsible because the law in NM is that the seller/provider of the alcohol is directly responsible for intoxication levels of consumers. I can imagine that after this particular event, flight crew members might be a little extra cautious about how much alcohol is being consumed during any given flight. Allowing people to bring and consume their own alcohol would make it pretty much impossible to monitor intoxication levels. ---
**Author:** ![cruel\_butterfly](https://avatars.discourse-cdn.com/v4/letter/c/5daacb/32.png) [@cruel\_butterfly](https://boards.straightdope.com/u/cruel_butterfly)\ **Post date:** [September 6, 2011, 8:16pm UTC](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403/20 "2011-09-06T20:16:51Z")
[Cite](http://www.santafenewmexican.com/Local%20News/Airline__Giant_Industries_named_in_suit) [Next page](https://boards.straightdope.com/t/is-it-illegal-to-drink-your-own-alcohol-on-a-plane/595403.md?page=2)