§ 63-27. Operation of aircraft while impaired. - North Carolina Statutes

§ 63‑27.  Operation ofaircraft while impaired.

(a)        Offense. – A personcommits the offense of operation of an aircraft while impaired if he operatesan aircraft, whether on the ground or in the air or on water, within thisState:

(1)        While under theinfluence of an impairing substance; or

(2)        After havingconsumed sufficient alcohol that he has, at any relevant time after theoperating of an aircraft, an alcohol concentration of 0.04 or more.

The relevant definitionscontained in G.S. 20‑4.01 shall apply to this section.

(b)        Defense precluded.– The fact that a person charged with violating this section is or has beenlegally entitled to use alcohol or a drug is not a defense to a charge underthis section.

(c)        Pleading. – In anyprosecution for operating an aircraft while impaired, the pleading issufficient if it states the time and place of the alleged offense in the usualform and charges that the defendant operated the aircraft within this Statewhile subject to an impairing substance.

(d)        Chemical Analysis.– Any person who operates an airplane or other aircraft, whether on the groundor in the air or on the water within the territorial limits of this State givesconsent to chemical analysis if he is charged with the offense of operating anaircraft while impaired.  The charging officer must designate the type ofchemical analysis to be administered, and it may be administered when he hasreasonable grounds to believe that the person charged has committed thespecified crime.  The chemical analysis shall be performed pursuant to theprocedures established under Chapter 20 of the General Statutes applying tomotor vehicle violations with the exception that if the person charged refusesto be tested, the charging officer shall, in writing, notify the local officeof the Federal Aviation Administration of the individual's refusal.  Theresults of any chemical tests administered pursuant to this section will beadmissible into evidence at trial on the offense charged and a written reportof the test results shall be made available to the local office of the FederalAviation Administration.

(e)        Punishment. – Aperson violating this section shall be guilty of a Class 1 misdemeanor. Provided, however, for a second and all subsequent convictions of this section,a person shall be guilty of a Class I felony. (1929, c. 90, s. 3; 1953, c.675, s. 8; 1987, c. 818, s. 1; 1993, c. 539, ss. 497, 1279; 1994, Ex. Sess., c.24, s. 14(c).)