Part 107 Alcohol and Drug Rules: §107.27, the 8-Hour Rule and Certificate Consequences

Part 107 does not write its own alcohol and drug rules from scratch. Instead, 14 CFR § 107.27 borrows the rules that already apply to manned aircraft crewmembers and applies them to everyone who flies or helps fly a small drone. Two further sections, § 107.57 and § 107.59, set out what can happen to a remote pilot certificate when those rules are broken or a test is refused.

This explainer sets out the text of each section and how they fit together. It is general information, not legal advice. All quotations below are from the Electronic Code of Federal Regulations (checked Oct 26, 2026).

The text of § 107.27

14 CFR § 107.27 is a single sentence:

§ 107.27 Alcohol or drugs.

A person manipulating the flight controls of a small unmanned aircraft system or acting as a remote pilot in command or visual observer must comply with the provisions of §§ 91.17 and 91.19 of this chapter.

Who is covered

The section names three roles:

1. Any person manipulating the flight controls, whether or not that person holds the certificate.
2. The remote pilot in command. Under § 107.19(b), the remote pilot in command "is directly responsible for and is the final authority as to the operation of the small unmanned aircraft system." That person is covered even when someone else has the controls.
3. Any visual observer, so the same limits apply to the person spotting for the pilot.

The text of § 91.17(a): the core prohibitions

14 CFR § 91.17(a) provides:

(a) No person may act or attempt to act as a crewmember of a civil aircraft—

(1) Within 8 hours after the consumption of any alcoholic beverage;

(2) While under the influence of alcohol;

(3) While using any drug that affects the person's faculties in any way contrary to safety; or

(4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.

Four separate limits

Each paragraph is an independent prohibition. Compliance with one does not satisfy the others.

• Paragraph (a)(1), the 8-hour rule. This is a time limit, not a level limit. It applies regardless of how the person feels or what a breath test would show.
• Paragraph (a)(2), under the influence. A person outside the 8-hour window may still be under the influence.
• Paragraph (a)(3), drugs. The test is whether a drug "affects the person's faculties in any way contrary to safety." The paragraph does not limit itself to illegal drugs, so prescription and over-the-counter medication can fall within it if it has that effect.
• Paragraph (a)(4), the 0.04 threshold. A reading below 0.04 does not override paragraphs (a)(1) or (a)(2).

Paragraphs (c) and (d): testing and records

Section 91.17(c)(1) requires a crewmember, "on request of a law enforcement officer," to "submit to a test to indicate the alcohol concentration in the blood or breath" when the officer is authorized under state or local law and is investigating similar conduct. Under § 91.17(c)(2) and (d), when the FAA "has a reasonable basis to believe" a violation occurred, the person must furnish or authorize release of "the results of each test taken within 4 hours after acting or attempting to act as a crewmember."

The text of § 91.19: carriage of drugs

14 CFR § 91.19 provides:

(a) Except as provided in paragraph (b) of this section, no person may operate a civil aircraft within the United States with knowledge that narcotic drugs, marihuana, and depressant or stimulant drugs or substances as defined in Federal or State statutes are carried in the aircraft.

(b) Paragraph (a) of this section does not apply to any carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances authorized by or under any Federal or State statute or by any Federal or State agency.

For drone operators, § 91.19 is a reminder that a payload is still carriage, and paragraph (b) should be read closely before any operation that involves carrying such substances.

Certificate consequences: § 107.57

14 CFR § 107.57 connects these rules to the remote pilot certificate:

(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:

(1) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of final conviction; or

(2) Suspension or revocation of a remote pilot certificate with a small UAS rating.

(b) Committing an act prohibited by § 91.17(a) or § 91.19(a) of this chapter is grounds for:

(1) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of that act; or

(2) Suspension or revocation of a remote pilot certificate with a small UAS rating.

Two points stand out. First, paragraph (a) reaches convictions under "any Federal or State statute" of the listed kinds, whether or not a drone was involved. Second, paragraph (b) turns on "committing an act" prohibited by § 91.17(a) or § 91.19(a); it is framed around the act itself rather than a criminal conviction.

Refusing a test: § 107.59

14 CFR § 107.59 addresses refusals:

A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with § 91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with § 91.17(c) or (d) of this chapter, is grounds for:

(a) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of that refusal; or

(b) Suspension or revocation of a remote pilot certificate with a small UAS rating.

The section speaks only to the certificate. State or local law may separately apply to the underlying conduct.

The related medical rule: § 107.17

Impairment can come from more than alcohol and drugs. 14 CFR § 107.17 provides that no person may manipulate the flight controls or act as a remote pilot in command, visual observer, or direct participant "if he or she knows or has reason to know that he or she has a physical or mental condition that would interfere with the safe operation of the small unmanned aircraft system." Fatigue, illness and medication side effects can all raise this question. The pre-flight duties in our explainer on Part 107 preflight requirements under § 107.49 are a natural point to confirm that each crew member is fit to fly.

No waiver available

14 CFR § 107.205 lists the Part 107 sections that a certificate of waiver may cover. Sections 107.17, 107.27, 107.57 and 107.59 are not on that list. The alcohol and drug rules apply to every Part 107 operation.

Practical points for commercial operators

• Treat the 8-hour rule as a scheduling issue, especially for early-morning jobs and multi-day field work.
• Apply the rules to the whole crew. Visual observers and anyone handling the controls are covered by § 107.27, not only the certificate holder.
• Review medications. Paragraph (a)(3) of § 91.17 is about the effect of a drug, not its legal status. If a medication carries warnings about drowsiness or operating machinery, discuss it with a physician before flying.
• Have a written policy covering the 8-hour rule, impairment, medication and stand-down procedures for employees and subcontractors.
• Keep records. Crew assignments and flight logs show who was acting in which role on a given flight. A system for keeping your Part 107 records audit-ready makes those records easy to produce if questions arise.

For the full set of federal rules that apply to small drone operations, see our federal drone law overview.

Summary checklist

• Has every crew member gone 8 hours since any alcoholic beverage? (§ 91.17(a)(1), via § 107.27)
• Is anyone under the influence of alcohol, or at or above 0.04? (§ 91.17(a)(2), (a)(4))
• Is anyone using a drug that affects their faculties contrary to safety? (§ 91.17(a)(3))
• Does anyone know or have reason to know of a condition that would interfere with safe operation? (§ 107.17)
• Does the operation involve carrying any substance covered by § 91.19(a)?
• Does the crew understand that a refusal to test is itself grounds for certificate action? (§ 107.59)