Operating a Common Carrier Under the Influence – 18 U.S.C. § 342
Driving under the influence is typically prosecuted under state law. However, when impairment involves the operation of a common carrier engaged in interstate or international commerce, the offense becomes a serious federal felony under 18 U.S.C. § 342.
This statute applies to professionals entrusted with public safety—pilots, train engineers, ship captains, bus operators, and supervisors responsible for directing transportation systems.
A conviction can result in up to 15 years in federal prison, substantial fines, and the permanent loss of professional licenses.
Unlike routine DUI cases, these cases are investigated and prosecuted at the federal level, often involving regulatory agencies such as the Federal Aviation Administration, the Federal Railroad Administration, or the U.S. Coast Guard.
If you are under investigation or have been charged with operating a common carrier under the influence, Eisner Gorin LLP can aggressively defend your rights and your career.
The stakes are extraordinarily high, and early legal intervention is critical. Schedule your consultation at (818) 781-1570 or contact us here.
What Does 18 U.S.C. § 342 Prohibit?
Under Title 18 U.S.C. § 342, it is a federal felony to operate or direct the operation of a common carrier while under the influence of alcohol or a controlled substance.
This law is distinct from state DUI statutes because it focuses on:
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Interstate or international commerce
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Public safety responsibilities
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Professional operators and supervisors
Federal jurisdiction applies even if no accident occurs and no one is injured.
What Is a “Common Carrier”?
A common carrier is any vehicle or transportation system engaged in transporting passengers or goods for the public as part of interstate or international commerce, as defined in 18 U.S.C. § 341.
Common carriers include:
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Trains and locomotives
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Commercial passenger airplanes
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Interstate passenger buses
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Ships and boats transporting passengers
Who Can Be Charged Under 18 U.S.C. § 342?
Criminal liability under § 342 extends beyond the person physically controlling the vehicle.
Individuals who may be prosecuted include:
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Rail personnel, including engineers and supervisors
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Aviation professionals, including pilots and flight directors
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Commercial bus operators engaged in interstate travel
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Maritime operators, including captains and command crew
“Operates or Directs the Operation”
The statute applies to anyone who:
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Physically operates the vehicle or
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Has the authority to direct or control its operation
Supervisors, captains, senior pilots, and engineers may be held criminally liable even if another individual was at the controls.
Examples of Federal vs. State DUI Jurisdiction
Example 1:
A commercial airline pilot consumes alcohol shortly before operating a cross-country passenger flight. Because the aircraft is a common carrier engaged in interstate commerce, impairment may trigger federal prosecution under § 342.
Example 2:
A municipal bus driver operating solely within city limits is arrested for DUI. While the driver may face state charges, the conduct does not constitute a violation of § 342 because interstate commerce is not involved.
Federal Presumptions of Impairment – 18 U.S.C. § 343
Federal law establishes specific presumptions of impairment that differ from most state DUI laws.
Alcohol Presumptions
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A BAC of 0.10% or higher creates a conclusive presumption of impairment under federal law
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This threshold is higher than many state limits, but carries harsher penalties
Controlled Substances
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There is no fixed numerical limit
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Prosecutors rely on toxicology evidence to show impairment of perception, judgment, or motor function
Below the Presumptive Threshold
Even if BAC is below 0.10%, the government may still attempt to prove impairment using:
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Behavioral evidence
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Witness testimony
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Operational irregularities
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Field sobriety testing
Penalties for Operating a Common Carrier Under the Influence
A conviction under 18 U.S.C. § 342 carries severe penalties:
Criminal Penalties
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Up to 15 years in federal prison
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Fines up to $250,000
Collateral Consequences
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Permanent revocation of professional licenses
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Loss of FAA pilot certification or maritime credentials
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Mandatory supervised release
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Career-ending employment restrictions
For many professionals, the loss of licensure alone can be devastating.
Defending Against Federal Common Carrier DUI Charges
A charge under § 342 is not a conviction. An experienced federal defense attorney can challenge the government's case on multiple fronts.
Challenging Impairment Allegations
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BAC below the federal threshold
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Questioning the reliability of field sobriety tests
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Demonstrating alcohol presence without impairment
Field sobriety tests are often unreliable in:
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Aircraft cockpits
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Moving trains
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Ships and vessels
Constitutional and Procedural Defenses
Federal investigations must comply with the Fourth Amendment.
Defense strategies include:
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Suppressing blood tests obtained without a warrant or valid consent
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Challenging probable cause for testing or detention
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Exposing gaps in the chain of custody for biological samples
Scientific Defenses
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Rising blood alcohol – BAC increased after the operation ended
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Testing errors – Faulty calibration or laboratory mistakes
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Timing issues – Delay between operation and testing
These scientific defenses often play a decisive role in federal cases.
Why Federal Defense Experience Matters
Federal common carrier DUI cases are fundamentally different from state DUIs. They involve:
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Regulatory agencies
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Career-ending collateral consequences
A lawyer experienced in federal criminal defense understands how admissions in criminal cases can affect parallel regulatory proceedings and how to protect clients on all fronts.
Speak With a Federal Criminal Defense Lawyer
An allegation of operating a common carrier under the influence threatens your freedom, livelihood, and professional identity. The penalties under 18 U.S.C. § 342 are severe, but an arrest does not determine the outcome.
With skilled federal defense representation, it may be possible to suppress evidence, reduce charges, or obtain dismissal.
Contact Eisner Gorin LLP, based in Los Angeles, California, for immediate legal guidance.
📞 Call (818) 781-1570 to protect your future, or contact us here.