Federal statutes for legally drunk pilots

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

"anon" wrote in message ...
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

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, the
same as they would for an automobile driver.

"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

"Peter Duniho" wrote in message
...

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.

The federal BAC limit is .04. Unfortunately, some states' laws are so poorly
written that they do not cover flying an airplane while under the influence.

"C J Campbell" wrote in message
...
The federal BAC limit is .04.

Huh? The news report that I'm recalling indicated that the federal criminal
limit was *higher* than the local (state) limit.

I could be misremembering the article, or the article could have been
mistaken. But .04 doesn't sound right to me. I remember when I read about
the pilots' acquittal that the federal limit seemed unreasonably high.

Do you have a source for your .04?

Pete

"Peter Duniho" wrote in message
...
"C J Campbell" wrote in message
...
The federal BAC limit is .04.

Huh? The news report that I'm recalling indicated that the federal
criminal
limit was *higher* than the local (state) limit.

I could be misremembering the article, or the article could have been
mistaken. But .04 doesn't sound right to me. I remember when I read
about
the pilots' acquittal that the federal limit seemed unreasonably high.

Do you have a source for your .04?

FAR 91.17

On Mon, 28 Jun 2004 09:32:04 -0700, "Peter Duniho"
wrote:

"C J Campbell" wrote in message
...
The federal BAC limit is .04.

Huh? The news report that I'm recalling indicated that the federal criminal
limit was *higher* than the local (state) limit.

I could be misremembering the article, or the article could have been
mistaken. But .04 doesn't sound right to me. I remember when I read about
the pilots' acquittal that the federal limit seemed unreasonably high.

Do you have a source for your .04?

Are you thinking 18 USC 17A sec 342 "Operation of a common carrier
under the influence of alcohol or drugs"?

"Whoever operates or directs the operation of a common carrier while
under the influence of alcohol or any controlled substance (as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802)),
shall be imprisoned not more than fifteen years or fined under this
title, or both"

17A sec 343 defines blood alcohol of .10 as the alcohol limit.

Peter Duniho wrote:

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.

IIRC, the news said the Federal limit is .10 and Florida is .08.

George Patterson
None of us is as dumb as all of us.

"G.R. Patterson III" these days.

IIRC, the news said the Federal limit is .10 and Florida is .08.

George Patterson

In NC, it is .08 for regular drivers, and .06 for commercial drivers.

As a matter of fact, I think it is .06 for all commercial drivers,
throughout the US?
--
Jim in NC


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"anon" wrote in message
...
Could someone please clarify what the legal FEDERAL minimum a pilot
must blow to be charged with a crime?

The FAR is less than .04 and also no drinking at least 12 hours prior to
flying. Break either one and you are illegal.


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.

Where you live is irrelavant. Some localities have tried to arrest and
charge pilots for flying under the influence. I'm not aware of any being
successful.