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.
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