28-8282. Prohibited operation; under the influence; incapacitation
A. A person shall not operate or be in actual physical control of an aircraft if the person is either:
1. Under the influence of intoxicating liquor, narcotic or other drugs or marijuana.
2. By reason of mental or physical disability, incapable of operating an aircraft under the circumstances.
B. In a criminal prosecution for a violation of subsection A relating to operating an aircraft while under the influence of intoxicating liquor, it is presumed that the defendant was under the influence of intoxicating liquor if there was at the time 0.04 per cent or more by weight of alcohol in the defendant's blood, urine, breath or other bodily substance. This subsection does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.
C. A person shall not operate or be in actual physical control of an aircraft either:
1. While there is 0.04 per cent or more by weight of alcohol in the person's blood.
2. Within eight hours after consuming intoxicating liquor, narcotic or habit forming drugs or marijuana.
D. An owner of an aircraft or a person in charge or control of an aircraft shall not knowingly permit the aircraft to be operated by a person in violation of subsection A or C.
E. Per cent by weight of alcohol in the blood is based on grams of alcohol per hundred cubic centimeters of blood.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.