Claims He Failed Sobriety Test Because He Hit The Bottle AFTER The Throttle

A Penngrove, CA pilot who has been charged with flying under the influence of alcohol says he was sober in the cockpit, despite the "erratic" flying the California Highway Patrol (CHP) says they observed.

Michael B. Ferrero told the Santa Rosa, CA Press Democrat that he "had some booze in (his) hangar," and didn't touch the stuff until after he had landed.

According to the paper, a CHP aircraft spotted Ferrero's Aerotreck A220 LSA flying low and erratically near a state highway, sometimes as low as 50 feet off the ground and within 100 feet of the traffic on the road. The CHP says they followed him as he landed, and in talking with him after the landing smelled alcohol on his breath. A patrol car was sent to the airport, and Ferrero's blood alcohol level was measured at 0.09 percent. Pilots are considered impaired with a BAL of 0.04 percent. He was cited and released on his own recognisance.

Ferrero says he has "hundreds of hours" flying low over unpopulated areas, and was over an open pasture during the flight Tuesday. He said he's been flying the LSA every day since purchasing it about 45 days ago, and had 'gulped some whiskey" he had at his hangar unaware that he was about to be interviewed by law enforcement.

No formal charges have been filed. The FAA is also investigating the incident, which could result in a suspension of flying privileges.

FMI: www.chp.ca.gov, www.faa.gov