Appeals Court Upholds Airline Pilot's Drunken Flying Conviction

DENVER (AP) - A federal appeals court has upheld the conviction of United Express pilot convicted of flying while drunk.

Aaron Jason Cope of Norfolk, Va., was sentenced to six months in prison. He challenged his conviction, claiming there was insufficient evidence. The 10th Circuit Court of Appeals said Tuesday the breathalyzer tests were valid.

Cope was convicted in June of flying under the influence from Austin, Texas, to Denver in December 2009. The flight was operated by Shuttle America for United Express.

The plane's captain thought he smelled alcohol on Cope's breath and an initial breathalyzer showed he had a blood alcohol content of 0.09 percent. A later confirmation test showed a 0.08 level.

The Federal Aviation Administration prohibits anyone from flying with a blood alcohol content of 0.04 percent or higher.

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