Georgia Pilot Arrested for DUI Before Flight

Police say that a Southwest Airlines pilot was arrested at a Georgia airport and accused of DUI in January. A Transportation Security Administration officer smelled alcohol emanating from the pilot and informed law enforcement officials. The pilot was arrested at Savannah/Hilton Head International Airport. Southwest issued a statement saying that they were aware of a situation involving an employee, and the employee had since been removed from duty. The incident delayed the flight for five hours. FAA regulations prevent pilots from using alcohol while on duty, or from flying or attempting to fly within eight hours of consuming alcohol. Pilots, like CDL drivers, must have a BAC below .04%.

Can I be arrested for DUI after the fact in Smyrna, GA? 

Georgia’s DUI penalties are quite harsh when compared to other states. An individual can face consequences such as jail time, fines, license suspension, community service, and mandatory DUI school. The severity of the punishment increases with each subsequent offense.

In Georgia, you can be arrested for DUI after the fact, even if you’re no longer driving. Police must have sufficient evidence to prove you were driving under the influence, however. In most cases, police will need a wheel witness. Judging from the situation described above, police do not have a wheel witness in this particular case. Instead, the pilot was arrested upon showing up to his job at the airport. In this case, the police had probable cause.

Law enforcement can investigate and arrest a Georgia resident for DUI even if you’re not at the scene of an accident or behind the wheel at the time of your arrest. Police, however, must have probable cause to believe you were driving under the influence. Police can also use witness statements about erratic driving that can be used as evidence for a DUI arrest. Police can investigate the accident and, if they have probable cause, can arrest you for DUI after the fact.

Generally speaking, the police need a “wheel witness” to testify that you were behind the wheel when your normal faculties were impaired. Without one, the case becomes much more difficult to prove. In the case mentioned above, the pilot showed up to work smelling of alcohol. Police can deduce that the pilot likely drove to work but that isn’t enough to necessarily arrest him. The pilot can claim that he took an Uber to work that day. The police need a wheel witness to establish that the defendant was behind the wheel at the time of his arrest.

Talk to a Smyrna DUI Attorney Today 

The Smyrna DUI attorneys at Andrew L. Schwartz, P.C. represent the interests of Smyrna residents who have been charged with DUI. Call our office today to schedule an appointment, and we can begin discussing your defense right away.

Source:

nbcnews.com/news/us-news/southwest-airlines-pilot-accused-dui-arrested-georgia-airport-flight-rcna187901