Originally Posted by
NeverHome
The one thing that keeps coming to my mind is that here in the USA, you are innocent until proven guilty. Or at least thats how its supposed to work.
True for criminal law.
Not true for admin law, which is how most FAR's are enforced by the FAA. Flying is a privilege, they can take certificate action and fine you with minimal due process (somewhat improved by pilot bill of rights).
Same way states can suspend you DL after a DUI stop, even before the trail.
Originally Posted by
NeverHome
Also in regards to refusal, the person trying to administer the test must have appropriate authority to do so. Just because you pee in a cup for me doesnt constitute a refusal, after all im just some perv on a a forum. So whomever asked must have appropriate creds. Maybe, maybe not.
I'm sure they had the creds. The problem for LE is that the refusal must be related to enforcement of state/local laws similar to the FARs in question. Maybe the state has laws that meet that test, maybe they don't.
Originally Posted by
NeverHome
I tend to think that if his blood test comes back lower than .04, than career wise he is in a salvageable situation. It is my understanding that a blood test is controlling.
Not if it's three hours later, they can extrapolate back, especially since they have the breath test and will probably find out when, where, and how much he drank.
Originally Posted by
NeverHome
Then there is of course evidence issues. If proof can arise that either the breath was not aquired legally or correctly, than a DA would likely toss it out.
Of course, but the FAA may not care and the company certainly won't.