"James L. Freeman" wrote in message
om...
FAR 91.17 says "under the influence" is .04 (by weight) or greater.
It also seems clear to me that FAR 91.17 says the local police DO have
jurisdiction regardless of the state of residence of the accused

It is not a crime to violate an FAR.

The original poster is asking what the *criminal* limit for BAC is. The
airline pilots recently acquitted of state "under the influence" laws
managed to do that because a) federal law took precedence, and b) their BAC
was below the federal law limit.

Under that case (which the state hasn't appealed, AFAIK), it shows that
local police do NOT have criminal jurisdiction over pilots flying under the
influence. I suppose a state could write some sort of "infraction" law
covering the issue, but I'm not sure why they'd bother.

I do not recall the exact figures, but it's my vague recollection that the
federal BAC limit is .10 or .12, while most states are at .08 these days.
And yes, that recent case confirmed that "state or police" (whatever that
means) have no jurisdiction over flying under the influence, since there is
federal law that takes precedence.

Pete