FUI? flying under the influence...

Jim K

Jim K

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Richard Digits
www.lakeexpo.com

Plane Crashes At Lake Of The Ozarks, Pilot Arrested [PHOTOS]

CAMDEN COUNTY, Mo. — A plane crashed in Camdenton just before dawn on Sunday morning, leaving the pilot with minor injuries.
www.lakeexpo.com www.lakeexpo.com

We all know the rule. What's the penalty?

I think the FAA can only revoke your certificate, right? So any other charges would be at the state level? I'd be curious to know what states have laws that would cover this.
 
Apparently a class C misdemeanor in Missouri.

577.015. Operating an aircraft while intoxicated — penalties. — 1. A person commits the offense of operating an aircraft while intoxicated if he or she, while in an intoxicated condition, knowingly operates any aircraft or knowingly acts as a copilot, flight engineer or flight navigator for an aircraft while in operation.
  2. The offense of operating an aircraft while intoxicated is:
  (1) A class C misdemeanor;
  (2) A class A misdemeanor if the person has previously been found guilty of the offense of operating an aircraft while intoxicated or with an excessive blood alcohol content, or any offense committed in another jurisdiction which, if committed in this state, would be the offense of operating an aircraft with excessive blood alcohol content or while intoxicated.

577.016. Operating an aircraft with excessive blood alcohol content — penalties. — 1. A person commits the offense of operating an aircraft with excessive blood alcohol content if he or she knowingly operates any aircraft or knowingly acts as a copilot, flight engineer or flight navigator for an aircraft while in operation:
  (1) With four one-hundredths of one percent or more by weight of alcohol in his or her blood; or
  (2) Within eight hours after the consumption of any alcoholic beverage.
  2. As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041.
  3. The offense of operating an aircraft with excessive blood alcohol content is:
  (1) A class C misdemeanor;
  (2) A class A misdemeanor if the defendant has been found guilty of operating an aircraft with excessive blood alcohol content or operating an aircraft while intoxicated or any offense committed in any jurisdiction which, if committed in this state, would be the offense of operating an aircraft with excessive blood alcohol content or operating an aircraft while intoxicated.

And a felony of the third degree in Florida.

860.13 Operation of aircraft while intoxicated or in careless or reckless manner; penalty.—
(1) It shall be unlawful for any person:
(a) To operate an aircraft in the air or on the ground or water while under the influence of:
1. Alcoholic beverages;
2. Any substance controlled under chapter 893;
3. Any chemical substance set forth in s. 877.111; or
(b) To operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another.
(2) In any prosecution charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft as prescribed by federal statutes or regulations governing aeronautics.
(3) Violation of this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) It shall be the duty of any court in which there is a conviction for violation of this statute to report such conviction to the Federal Aviation Administration for its guidance and information with respect to the pilot’s certificate.
 
Worth noting, I've landed at that airport from the NW before at night. It's been a few years but I distinctly remembering being on final and my landing lights illuminating some treetops that seemed way too close for comfort and weren't really visible until being right on them. A substance induced shallow approach in the dark is something I can absolutely see putting someone into those trees.
 
Lots of questionable details with rampant speculation and very little substance in that article. Someone allegedly called saying someone was flying drunk. Someone else says the pilot is suicidal. Yet the guy manages to keep from crashing for 4+ hours. Police are apparently following the planes track from the ground and pilot is allegedly turning the nav lights on and off. They claim he's flying erratically. But that's based on adsb. And who knows what kind of coverage they've got in the Ozarks at the low altitude he had.

Yet it took over an hour and a phone call from the pilot before authorities found him after crashing. Despite apparently being watched pretty intently. Title says arrested. But the article never says arrested. "Detained and taken for medical treatment"

None of the speculation is confirmed. He took off from m17. Did a number of passes at 2H2. Then finally meandered to OZS. Over 360 miles flown between 1:30 and 5:30 AM in a Cherokee while allegedly drunk and/or suicidal. Hell, maybe he was sleepwalking. It's a pretty wild Beebo-esque story
 
Racerx said:
Lots of questionable details with rampant speculation and very little substance in that article. Someone allegedly called saying someone was flying drunk. Someone else says the pilot is suicidal. Yet the guy manages to keep from crashing for 4+ hours. Police are apparently following the planes track from the ground and pilot is allegedly turning the nav lights on and off. They claim he's flying erratically. But that's based on adsb. And who knows what kind of coverage they've got in the Ozarks at the low altitude he had.

Yet it took over an hour and a phone call from the pilot before authorities found him after crashing. Despite apparently being watched pretty intently. Title says arrested. But the article never says arrested. "Detained and taken for medical treatment"

None of the speculation is confirmed. He took off from m17. Did a number of passes at 2H2. Then finally meandered to OZS. Over 360 miles flown between 1:30 and 5:30 AM in a Cherokee while allegedly drunk and/or suicidal. Hell, maybe he was sleepwalking. It's a pretty wild Beebo-esque story
Click to expand...
Agree that the article is trash... it just got me wondering about the penalties of flying drunk if you got caught. For that matter, how would you get caught unless you had an incident? Is not like someone is going to see you serving in & out of the airway.

A couple years ago, one of the Archie League award winners talked a pilot who sounded drunk out of flying after he had called for clearance. That may have wound up being a stroke or something though.
 
Jim K said:
www.lakeexpo.com

Plane Crashes At Lake Of The Ozarks, Pilot Arrested [PHOTOS]

CAMDEN COUNTY, Mo. — A plane crashed in Camdenton just before dawn on Sunday morning, leaving the pilot with minor injuries.
www.lakeexpo.com www.lakeexpo.com

We all know the rule. What's the penalty?

I think the FAA can only revoke your certificate, right? So any other charges would be at the state level? I'd be curious to know what states have laws that would cover this.
Click to expand...

I recall from another thread that almost all states have criminal statutes addressing reckless operation of aircraft.

As for how it might be enforced, most likely scenario would be some kind of ground accident that LEO responded to.
 
Jim K said:
For that matter, how would you get caught unless you had an incident?
Click to expand...
Unfortunately it fades in with a lot of other stuff around the timeframe, but a former POI told me about meeting an airplane upon landing due to a tip from a line guy. All 5 of the guys who got out of the 172 were impaired.
 
You'd think if the pilot was turning the nav lights on and off to avoid someone tracking him, he would have turned off his ADSB-out. At least they didn't call it a Cessna.

As long as we're speculating, that's a long time in the air for a 48 gallon Cherokee with multiple take-offs. Be a real bummer to run out of fuel on short final and turn into a gliding manhole cover.
 
“Phooey” is what you say when you get busted for FUI.
 
Jim K said:
Agree that the article is trash... it just got me wondering about the penalties of flying drunk if you got caught. For that matter, how would you get caught unless you had an incident? Is not like someone is going to see you serving in & out of the airway.

A couple years ago, one of the Archie League award winners talked a pilot who sounded drunk out of flying after he had called for clearance. That may have wound up being a stroke or something though.
Click to expand...
Likely not gonna get caught unless you crash. Unless someone at the airport saw you drinking beforehand.

In this instance, there was an hour between crash and being found where the dude could say he started drinking because he crashed his plane. If I crashed my plane I'd probably start drinking too. And when asked why I was slurring on the 911 call. Look at my face, I was concussed.
 
Ed Haywood said:
I recall from another thread that almost all states have criminal statutes addressing reckless operation of aircraft.
Click to expand...
Yes. Here’s one, from the Iowa Code:

1. Any person who operates an aircraft in a careless or reckless manner in violation of the provisions of this section shall be guilty of a simple misdemeanor.

2. Any person who operates any aircraft, while in an intoxicated condition or under the influence of narcotic drugs in violation of this section, shall, upon conviction or a plea of guilty, be guilty of:
a. A serious misdemeanor for the first offense.
b. An aggravated misdemeanor for the second offense.
c. A class “D” felony for a third offense.
 
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