I'm sorry to say they are not drain flies, and they are not fruit flies. I call them devil flies. I used thousands of dollars every week for 2 years, and I had billions of these tiny flies leaving brown dots everywhere they would land. I paid allot for the bug companies to come into my home, and the companies were actually feeding these flying bugs, and the flying bugs continued to multiply very rapid. I actually had them in between the molding on my cabinets. they flatten themselves out to get into small areas that bug killer and where swatters can't reach. I can tell you how to remove them, but you probably will think I'm crazy. I will tell you how I myself removed them. I prayed. I opened my doors to my home, and I ordered the bugs out in the name of Jesus. 2 days of this, and 2 years later, I am still bug free and rejoicing in God