As investigators continued to question Fulton, he said he had been at Brewvies, 677 S. 200 West, a local movie house that serves beer and food, and had consumed "two of their large beers," according to court documents. After the movie he went back to the Red Lion Hotel, 161 W. 600 South, and had another beer in the lobby.

An FBI agent interviewing Fulton told him it wasn't mathematically possible to have a 0.039 blood-alcohol content if he had just three drinks the day before, according to court documents.

"Fulton then stated he had also consumed a 'grenade of vodka,'" according to court documents.

In court Monday, Fulton appeared in hand shackles and what appeared to be his pilot uniform with all the pins and patches removed. Prosecutors told Warner they were planning for a grand jury indictment.

"Public safety is a very important issue, Mr. Fulton," Warner told the pilot in court. "I have to be very cognizant of the public safety."

Neither prosecutors nor the judge felt Fulton, who lives in Texas, was a flight risk. They agreed to release him on certain conditions, including that he will not use drugs or alcohol, will submit to random alcohol tests and will not leave the country.

Prosecutors had asked Fulton not be allowed to fly. Saying he did not want to deprive Fulton of his livelihood, Warner denied that request but noted Southwest may impose its own restrictions.

Dallas-based Southwest Airlines spokesman Ed Stewart said the company has placed Fulton on paid leave — which prohibits him from flying — pending the outcome on an internal investigation. What action the airline may take does not necessarily depend on the criminal proceedings, Stewart said.

Fulton told the court he was an active member of the military. Prosecutors did not have information Monday about where Fulton was serving or in what capacity.

In 2002 the FAA found a decade-high 22 pilots in violation of the .04 alcohol violation. Since then, that number has been reduced every year.

The agency regularly matches pilot's names against DUI data in the national driver's licenses registry, FAA Northwest Region spokesman Allen Kenitizer said. The agency also requires airlines to have random testing programs in place. Between 2000 and 2003, more than 10,200 pilots were tested, FAA data show.

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Contributing: Associated Press

E-mail: preavy@desnews.com