Florida cannot prosecute pilots for alledgedly drinking before flight

CNN ^ | 080603 | CNN

[Archangelsk]

MIAMI, Florida (CNN) --A federal judge ruled Tuesday that Florida cannot prosecute two former America West pilots for operating an aircraft while allegedly intoxicated because federal law, not Florida law, applies in the case.

A spokesman for the Miami-Dade County state's attorney's office said it would appeal the federal ruling.

[Archangelsk]

The FARs state 8 hours from bottle to throttle. It will be interesting to see if the feds can prove that they drank during this time.

[gunnedah]

This is our federal government at work. If I am not mistaken the Federal Government not long ago forced some states to lower their DUI threshold to .08 or lose federal funds.
The Federal Government is the most screwed up,non-controllable unaccountable entity in the world.
Congress needs to be replaced,every one of them.We are being attacked by our own watchdogs!

[Conspiracy Guy]

"Obviously, this is not the decision we had wished and we will be appealing the decision," said Ed Griffith, spokesman for Miami-Dade State's Attorney Katherine Rundle, who was out of town.

In plain talk this means; "We'll gladly waste more of the state's money".

The 8 hour ditty is only a recommendation. BAC above .04 is the stick they will use.

[nj_pilot]

True, but it goes farther:
Sec. 91.17 Alcohol or drugs

(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 .04 percent by weight or more alcohol in the blood.

[Bob]

From the article:

Federal DUI standards also are higher: A .10 percent blood alcohol level, compared with the state standard of .08.

From your post:

(4) While having .04 percent by weight or more alcohol in the blood.

The article makes it sound like these guys are off the hook but the truth would seem to be otherwise.

[mbynack]

I'm not a pilot, so take this with a grain of salt. I understand that they were fired and lost their jobs for violating the company and FAA guidelines. This might be the maximum that the federal goverment can do under the FAA rules. The .10 Blood Alcohol is a law and they could have faced punitive actions if they had been over that.