Here's another article from a local paper that discusses the weakness in the state case. Apparently the state feared that they couldn't prove that the former 747 captain was attempting to operate the plane. Also, under state law, impairment in commanding a 747 at a BAL of .07% was in question.
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Pilot Accepts Plea Deal, Avoids DUI Charge
Dan Telvock
Jul 22, 2004 -- A former Virgin Atlantic pilot charged last year with trying to operate an aircraft under the influence of alcohol has pleaded guilty to a misdemeanor in the case.
Loudoun Assistant Commonwealth’s Attorney Steven Sincavage said that [redacted], 55, of London, pleaded guilty July 13 in Loudoun Circuit Court to interfering with the operation of an aircraft. He was originally charged with trying to fly a plane under the influence of alcohol.
Circuit Court Judge Thomas D. Horne sentenced [redacted] to six months in jail, suspending all but three days of which [redacted] served after his arrest at Dulles International Airport Dec. 19, 2003.
Sincavage said what prevented him from taking the case to trial was a lack of proof that [redacted] was attempting to operate the plane.
“It became clear that there was going to be substantial evidentiary issues about him operating [the plane] and it was going to be pretty hard to prove this thing beyond a reasonable doubt,” he said.
Sincavage said there was alcohol in [redacted]’s system that night—the blood toxicology report stated [redacted] had a level of 0.07—but it would have become a controversial issue at trial whether [redacted] was actually impaired to pilot the plane.
A Metropolitan Washington Airports Authority representative said that an airport employee smelled alcohol on [redacted] and noticed his speech was slurred shortly before the plane was to fly to London. A police sergeant who arrested [redacted] also noted that he smelled alcohol on [redacted] and that he stumbled in the cockpit.
Although he was placed on administrative leave with pay, [redacted] resigned from Virgin Atlantic in March. The FAA conducted an investigation of the case but a representative would not release the details of the investigation.
http://www.leesburg2day.com/current....19&newsid=9243