Violation of an FAR is a civil infraction, not a crime. So the .04% rule is
a violation of a regulation, not a crime.

Given that the FAA generally has jurisdiction over all aviation operational
matters, there may not be any criminal statue that would apply.



"Capt.Doug" wrote in message
...
"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.

Maximum blood alcohol level under FAA regs is .04%.
A recent court case involving airline pilots charged by local police was
dismissed. The judge ruled that federal laws pre-empt state and local laws
as concerns *commercial* aviation. Commercial aviation is considered
interstate commerce. It doesn't matter where the pilots live. The ruling
didn't mention anything about local police charging private pilots with
unlawful intoxication.

D.