O.C.G.A.

O.C.G.A. § 6-2-5.1 (2019)

Operation or physical control of aircraft while under the influence of alcohol or drugs; penalty

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) A person shall not operate or be in actual physical control of an aircraft in this state:

(1) Within eight hours after the consumption of any alcoholic beverage;

(2) While under the influence of alcohol;

(3) While using any drug that affects such person’s faculties in any way contrary to safety; or

(4) While there is 0.04 percent or more by weight of alcohol in his blood.

(b) Any person arrested for violation of this Code section shall, at the request of a law enforcement officer of the state or any political subdivision, be administered a test as provided by and subject to the restrictions of subsection (a) of Code Section 40-6-392.

(c) A person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00.

History

(Code 1981, § 6-2-5.1, enacted by Ga. L. 1989, p. 276, § 1.)

Annotations

OPINIONS OF THE ATTORNEY GENERAL Fingerprinting required for violators. - O.C.G.A. § 6-2-5.1 is an offense for which those charged with a violation are

to be fingerprinted. 1989 Op. Att’y Gen. 89-52.

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: State v. Jackson, 697 S.E.2d 757 (Ga. 2010).

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State v. Jackson, 697 S.E.2d 757 (Ga. 2010). · cites it 4× “2 (" Any person who, without malice aforethought, causes the death of another person through the violation of Code Section 6-2-5.1 [operating aircraft under the influence] commits the offense of homicide by aircraft.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.