This is going to be a fascinating case.

I agree. Didn't a pilot in Florida succeed in getting DWI charges
dropped with
that argument recently, or is that case still pending?
George Patterson

It may be on appeal, but a different case. AIR, the argument was that
there's a federal criminal statute applicable to transportation
employees which says .1% blood-alcohol. That exceeded the airline
pilot's actual BAC, but he was above Florida's BAC % for pilots. That
sounds like a genuine equal-protecion argument and the federal
preemption. There's no federal criminal statute for Part 91 drunks,
so the situation is the ordinary one. Feds don't criminalize reckless
operation either, whereas most states do. Pilots have lost cases
arguing fed preemption there, under the argument that states have the
primary interest in protecting its citizens..

Fred F.