RAPID CITY, South Dakota, Nov. 14, 2016 (Gephardt Daily) — South Dakota state officials have dismissed a criminal charge against a SkyWest pilot from Salt Lake City arrested for allegedly trying to fly a plane while drunk.
A report from the Rapid City Journal on Monday said that the state filed for dismissal because a blood draw taken four hours after a preliminary breath test showed no measurable alcohol in Russel Duszak’s system.
Officers responded to the Rapid City Regional Airport just after 8 a.m. Oct. 26 after a report of a pilot smelling of alcohol, according to a Facebook post from Rapid City Police Department.
Duszak, 39, of Salt Lake City, was placed under arrest for operating an aircraft under the influence of alcohol, the post said.
The RCPD determined the pilot was in violation of SDCL 50-13-17, which prohibits the operation of an aircraft with a blood alcohol content above .04.
In a statement at the time of his arrest, SkyWest, based in St. George, Utah, said Duszak was placed on administrative leave and removed from flying duties as the situation was investigated. The airline issued a new statement Monday saying the pilot remains on unpaid leave while the investigation continues.
Although his breath test showed a level above the legal limit of 0.04 percent, that level had dissipated by the time his blood was drawn four hours later, according to the report. Breath test results are not admissible in court.
The flight to Salt Lake City was delayed for two hours until a new crew arrived.
