On Mon, 28 Jun 2004 00:00:23 -0400, "anon" wrote:

Could someone please clarify what the legal FEDERAL minimum a pilot
must blow to be charged with a crime? also, could someone please confirm
that state or police have no jurisdiction over this offense if the accused
does NOT live within the same state or city.


Thanks

Where you live has no bearing on you being charged by a state or city
entity for violating a state law. Thats like saying in my state I can
drive 75mph on the highway and just because I am now driving in
another state and their laws say 55 I dont have to abide by them.
From what I understand from previous arrests of other pilots in
different jurisdicitions is that some states do not have a flying
while intoxicated law on the books so they have tried to stretch the
law to make it fit. Like in the last case that went to trial, they
tried to tell the courts that the runway was a public roadway (which
did not work) and the case was thrown out, but other states do have
laws that identify specifically flying while intoxicated such as
Texas. Here is the code in Texas.

§ 49.05. FLYING WHILE INTOXICATED. (a) A person
commits an offense if the person is intoxicated while operating an
aircraft.
(b) Except as provided by Section 49.09, an offense under
this section is a Class B misdemeanor, with a minimum term of
confinement of 72 hours.

The part b exceptions are enhancement to the penalty that will give
you more time in the slammer.

For the definition of intoxication it is...

(2) "Intoxicated" means:
(A) not having the normal use of mental or
physical faculties by reason of the introduction of alcohol, a
controlled substance, a drug, a dangerous drug, a combination of
two or more of those substances, or any other substance into the
body; or
(B) having an alcohol concentration of 0.08 or more.



So the best thing to do is dont drink and fly and then you will not
have to worry about it.


Scott D.