You're doing okay? >> Yeah. >> All When's the last time you had an alcoholic drink? >> Last night. I had a few beers. >> That's it? >> Like three. >> Okay. >> Two. Three. Four. >> It's very consistent with DUI. >> On January 15th, 2025, [music] David Alsop, Southwest Airlines captain, was arrested at Savannah Airport before boarding his aircraft. A TSA agent reported [music] smelling alcohol on him at crew security. This is a legal analysis of that encounter. The initial contact was a consensual [music] encounter no detention. No restraint. No legal obligation to answer under Terry versus Ohio, 1968. Officers may initiate an investigative stop based on specific articulable reasonable suspicion. [music] A TSA agent's odor report, combined with the officer's own detection of alcohol, satisfied that threshold and justified the detention. Alsop admitted consuming three [music] beers the previous night, approximately 10 hours prior to his scheduled departure. >> Morning. >> Morning. >> This feels good. >> Good morning. >> Say again? Good morning, sir. >> Morning. How are you? >> You're doing okay? >> Yeah. Fine. >> When's the last time you had an alcoholic drink? >> Last night. >> About how many hours ago? >> Uh like 10 hours ago, at least. >> How many drinks did you have? >> Only a few beers. >> That's it? Define a few beers. >> A few beers. >> Define a few beers. >> Like three. >> Okay. >> Yeah. >> What did you drink? >> Light beer. Miller Lite. >> Miller Lite? >> Yeah. >> Anything else? >> Nope. >> Who were you with? >> My ex-wife. >> Okay. >> Yeah. >> Would you be willing to perform a field sobriety with me right now? >> No. >> Why not? >> There's no need. >> Well, I can smell an odor consistent with an alcoholic beverage. >> Oh, sorry. These. >> What is that? >> Robs. >> Do you have any fresh ones that haven't been in your mouth? >> Yeah. You can breath in my face. That's it. >> Thank you. >> Smells minty. >> It's my sister. I don't have a PPT. And like I was here since 4:00 but >> You can't hold your liquor. >> Why not? I wanted to have my 8 8 hours of sleep from the last drink. >> So, you had that. >> Yeah, but you had a couple of free drinks on >> Um so, we already have a report saying that you possibly might be some inebriation. Someone detected smell of alcohol um and then they reported to us >> Who is that person? >> I'm just telling you this. And you got standing up we got a call. >> I understand. >> There's I can sense or I can have a I have a smell of a alcohol beverage coming off of you. I don't know if it's coming off your mouth or your skin. I mean, if it's coming out the pores, I get it. We got to do our thing, so you know. We got to find out. >> So, I see him. >> Would you do field sobriety? >> Sure. >> Mhm. >> Do you have a jacket or something cuz it's kind of cold outside? I'm going to do the eyes first. Watch it. >> Cuz I was saying I'm not certified so like I have to do it but just watch for bruises and stuff. This would be a brand new unchartered territory. Okay. We'll do that. We'll go ahead and do 170. All right, do you have any big time pushback? >> Yeah. >> You do? >> We do. I have my phone but my watch is dead but uh second few minutes. >> Well, this can go quickly but just come over here quick. Okay, so do you have any health issues? I know it's I'm sorry you're a pilot so you can't have any crazy health issues or any problem or anything. I noticed you wear contacts or you got glasses. >> So, I'm just going to ask you to do but just go away from the passenger side of the plane. >> Sure. >> Sure. >> Okay. >> So, all I need you to do is the tip of my pen right here. >> Yeah. >> This little white tip. I'm going to move it back and forth. I need you to follow it with your eyes. Just your eyes moving. >> Mhm. >> Do you understand that? >> Yeah. >> You won't have any issues doing that for me? Okay. So, just pay attention to the tip of this pen. We'll be careful there. All right, so this next exercise but just on here on this most flat surface you're just going to take a series of heel-toe steps and count out loud. One, two, three, four, five. And you do that till you get to 10. Make sure you count out loud. Make sure you go heel-toe. Don't look down but put your arms out for balance. Do you think you'll have any issues with that? >> No problem at all. >> Are you ready? >> Yep. >> You may begin. >> One, two, three, four, five, six, seven, eight, nine. >> Okay, so you're going to go the other way. >> 1 3 4 5 6 7 8 9 9 >> All right, if you step on this little platform, I said this next test is called the one-legged stand. Whichever foot you prefer, whichever one you feel like you have a stronger balance with, put your foot out in front of you like this and you're going to hold it. Don't start until I tell you to begin. Do you understand the instructions? >> Sure. >> All right, you may begin. >> 1 1,000, 2 1,000, 3 1,000, 4 1,000 5 1,000, >> Okay, you can stop. >> Federal Aviation Regulation 14 Code of Federal Regulations Section 91.17, the bottle-to-throttle rule, prohibits flying within 8 hours of consuming alcohol, while under the influence, or with a blood alcohol level at or above 0.04% off the legal driving limit. 10 hours clears the time window, but the impairment and blood alcohol prohibitions apply regardless of timing. Both remained legally at issue. Allsop initially refused field sobriety tests a legal right. Field sobriety tests are voluntary in Georgia. Officers who observe independent indicator odor, bloodshot eyes, physical symptoms may still establish probable cause without them. Allsop reversed course and agreed to testing. That decision produced an evidentiary record he could not undo. The horizontal gaze nystagmus test observes for six involuntary eye movement clues. When four or more are present, accuracy reaches approximately 88% for identifying a blood alcohol concentration at or above 0.08%. The walk-and-turn and one-leg stand are divided attention tests designed to detect impairment by splitting cognitive and physical function. Critically, the one-leg stand was stopped before the mandatory 30-second threshold required by NHTSA protocol. This is the core of the defense's procedural challenge. Protocol deviations do not automatically invalidate an arrest, but they can affect the admissibility and weight given to field sobriety results at trial. >> Can you just do me a favor and just hang on really quick? Here's a mint by the stairway to talk to them for a little bit, okay? >> I saw Yeah, the nice day just I didn't really see it in the walk and turn. Um but I definitely saw the nice day. >> Uh being that there's not a sergeant on duty coming in, that's where I'm really >> Well, I mean I saw the twitch. I can tell. >> Can you come out here so I don't have to just kind of squeeze in there? >> Yeah. >> Okay. >> Yeah. >> I've never been arrested only at the airport. >> Just now. >> Not on the way home. They allowed me to pass that so I took the night and turned in [ __ ] At the airport. >> I'm going to the gate. So, my name's Corporal Best. I'm the supervisor and I work at the airport police department. Uh so, did you guys know I had a few drinks last night? >> I I met him. We had a drink. Yeah. >> Okay. So, my problem is is that right now Sam's talking to you. I also have one to say coming off of you. I can smell a very strong odor of alcoholic beverage coming off of him. And that's a huge issue cuz there's what? Probably 108 >> There's not that many people on this flight. I don't That's not the point. Yeah. But >> the issue is I can detect it and so obviously, I don't know where you guys are based out of or the hub is, but with the FST that I just put him through, he did exhibit signs of impairment on top of the odor of alcohol as well. So, I'm going to make a phone call to my supervisor, but there's a very strong possibility or very strong probability that he's going to be taken to Shadow Creek Detention Center for the willful intent to operate an aircraft while intoxicated. So, if you need to start making some phone calls, I'm just going to start doing local. Do you know, do we have any blood kits down there on your shelf or something? >> Blood kits? >> Blood test, yeah. You can draw blood on >> Uh, not that I'm aware of. >> Okay, so you got probably cause. >> Mhm. >> And when I just talked to him, he immediately dropped his head as soon as I started talking. He's like, "Yeah, we were not going to drink." And I was like, "Okay, no worries. You can shoot this." You spoke with your pilot, he agrees. >> Yeah, cuz he's commercial. You can't have any impairment of commercial aircraft. Like it's like CDLs, you know, they they don't have a presumptive alcohol level, so >> All right, sir, do you have any personal belongings on the plane? >> I do. >> What do you have on there? >> I just like a go bag and like a phone and everything. >> Yep. >> Okay. >> Um, so my issue is is I'm trained in standard as field sobriety and you've exhibited strong signs and even after speaking with your first pilot, the issue is would you agree to a blood draw to test your blood alcohol content? >> Officers requested a blood draw. Allsup declined. Under Georgia code section 40-5-55, the implied consent statute to drivers have impliedly consented to chemical testing when officers have reasonable grounds to believe impairment exists. In Birchfield versus North Dakota 2016 the Supreme Court held that a warrantless blood draw is unconstitutional and refusal cannot be criminally punished as a stand-alone offense. However, under South Dakota versus Neville 1983 the refusal itself is admissible as evidence at trial. It also triggers an automatic minimum 1-year suspension of driving privileges under Georgia state law. Allsup's refusal eliminated the one piece of evidence that could have definitively exonerated him. If his blood alcohol was below 0.04%, a blood draw would have proven it. Without that data, the prosecution relies on officer testimony, field sobriety indicators, and the refusal itself, the charge was DUI less safe under Georgia code section 40-6-391. This statute requires no specific blood alcohol reading. The standard is whether impairment made the person less safe to operate. In this case, a commercial aircraft carrying hundreds of passengers. >> Okay, well, the issue is is when you agreed to the field sobriety, you exhibited the symptoms and if you're refusing to a blood draw, that's that's DUI less safe for the willful intention operating commercial aircraft. >> Seriously? >> Yes, sir. >> How did I fail? >> You did everything. The signs that you exhibited during those three tests, I'm able to articulate based off those and the odor coming off of your person >> It's >> very consistent with DUI. >> Okay. All right, well. Yeah. So, what do you want me to do? >> So, what's going to happen is if you if you don't agree to a blood draw, then it'll be DUI less safe. You'll be booked into the Chatham County Detention Center and you can we'll give you a phone call and you can more than likely, cuz it's what, Tuesday? It's a week day. But, that's the route that we're going to have to take, unfortunately, okay? >> Okay. And then if I did agree to a blood draw, then what? >> I mean, that that's just it's a good part of the ongoing investigation that is like, you know, I did my part, but it's like your blood is the like the non-negotiable like that'll prove whether or not >> Right. >> it is what it is. >> Mhm. >> So. >> Okay. Yeah, well. >> But, I was saying, I can't coach you into it. You have your right, you said no. So, based off that alone and based off the field sobriety that you >> Even if I gave you a blood, then nothing would change. >> Okay. >> Right? >> That that is your willful choice that you were willing to make, but based off the calls that we received stating that people down in TSA could smell what smelled like alcohol coming off of your breath and they're not trained. I am trained in odor alcohol odor and alcohol >> Okay. That's fine. I mean, nothing's going to change. You're in mine. >> [clears throat] >> I didn't even talk to TSA today. I went to KCM. >> But that it's operated by TSA. >> Right. Okay. So, all right. I'll get my stuff, but Ready to go to do. >> Okay. My officer is going to grab your stuff. If you don't mind, we're just going to head up to the patrol car so that we don't have to do all in front of the public. I As long as you just be cool, I'll be cool. >> Oh, absolutely. So, like yeah, I'd like to uh Like I mean, I can't grab my stuff myself. >> I If you would like to, we can do that. >> Yeah. >> Stick your head in there. Just make sure he's not like dillydallying. Do you have any bottled water up here? >> Um how about canned? >> Sparkling? >> No, it's just flat water. >> No, I I was afraid it was going to just pop up. >> No, we just have >> easier to uh what is it? >> Just go out this way. Um now really quickly, like I said, I'm going to be cool with you. I know it's a shitty scenario. Um do you have like a driver's license with you? Like I know you have your employee card. I just want to see that just for documentation purposes. And then, [snorts] you mind just taking off your lanyard so I can just take a picture of your Southwest credentials too? >> So, uh I don't believe that they're going to allow you to keep all of this at the jail. So, we're just going to log in all our evidence here. So, that way once you get bailed out, you come back here, there'll be a property sheet and everything, so you'll have to come back out here and then whatever this is sodium will sign your luggage back out to you. Okay? >> I guess. I want my wallet. >> Uh you can keep that. And then you do you have your phone as well? >> Yes, sir. >> Yeah, those they'll let you keep those unfortunately just because it's like big luggage and everything, they don't let people keep that anymore. Fortunately, this isn't the integrity part. I just have to read you the implied consent law in Georgia. The state of Georgia has conditioned people with the privilege to drive upon uh highways in the state upon the submission to the state administered chemical test of your blood, breath, or urine or other bodily substances for the purpose of determining you're under the influence of alcohol or drugs. If you refuse this testing, your driver's your Georgia driver's license or in this case your out-of-state license uh will be suspended for the privilege of a minimum of 1 year. The refusal to submit uh blood testing may be offered into evidence against you at trial. If you submit to testing there's and the results indicate an alcohol concentration of 0.08 g or more, your Georgia or out-of-state driver's license or privilege to drive on the highways of this state may be suspended for a minimum of 1 year. You've already agreed that you did not want to participate in the blood draw. So, because of that, I have now going to detain you. I guess as long as you just continue to be cool with me. >> Of course. >> Okay. >> Yeah. >> Can you just step over here real quick? Can you just stand facing away from me now? >> Oh, hang on. Before you sit down >> I'm just going to check your hands for any weapons for me. Palms up. Just turn around for me. All right, go ahead and wash your hands with soap. Have one white male 10-95 red and white concert refuse blood. >> The federal dimension operates independently and is more severe. Under title 49, United States Code section 46,000 318, willful operation or attempted operation of an aircraft while impaired is a federal criminal offense. Allsop proceeded through crew security and reported for duty constituting at minimum an attempt to operate the flight. The FAA acted independently. In March 2025, his pilot certificate was revoked, the most severe administrative sanction the FAA can impose, issued before the criminal case was resolved. Corporal Vest receives a grade of B+. The investigation was properly initiated and professionally conducted. Reasonable suspicion was established. Implied consent was read verbatim on camera textbook procedure. The grade falls short of an A because the one leg stand was terminated before the NHTSA 30-second requirement, a procedural gap that hands the defense a legitimate challenge at trial. David Allsop receives a grade of D. He reported for commercial duty while detectably impaired. His blood draw refusal eliminated his clearest path to demonstrating he was below the legal threshold. A commercial captain holds a responsibility to passengers that no personal circumstance can override. The institutional response from Southwest Airlines and the FAA receives a grade of A. Southwest removed Allsop from duty immediately. The FAA revoked his certificate weeks after the arrest without waiting for criminal court resolution. Both acted precisely as public safety demands. Three lessons emerge from this case for aviation professionals and law enforcement alike. First, when a blood draw is refused, officers should pursue a warrant not as an option, but as standard protocol. Second, every second of the one-leg stand must be completed and documented. NHTSA deviations are exploitable at trial. Third, for aviation professionals, refusing chemical testing is admissible as evidence, triggers license suspension, and signals to the FAA that impairment may have been present. Understand these consequences before reporting for duty. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching. Do not forget to check out our second channel, Body Cam Case Analysis, second channel, for even more police interaction and courtroom content.