§ 42-1-201. Operating or Acting as Crewmember of Aircraft Following Alcohol or Drug Use — Penalty
As used in this part, “crewmember” means any person performing or assigned to perform any duty in a civil aircraft during the time that the aircraft is undergoing pre-flight inspection, boarding or carrying passengers or crew or any time the aircraft is under power or in flight.
It is an offense for any person to operate or attempt to operate, or act or attempt to act, as a crewmember of any civil aircraft:
Within eight (8) hours after consumption of any alcoholic beverage;
While under the influence of alcohol;
While using any substance that affects the crewmember’s faculties in any way contrary to safety; or
With four one-hundredths of one percent (0.04%) or more by weight of alcohol in the crewmember’s blood.
A violation of this section is a Class A misdemeanor. In addition to the authorized punishment for a Class A misdemeanor, the court may prohibit the defendant from operating or acting as a crewmember on an aircraft for a period not to exceed one (1) year.
