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2018 Georgia Code 6-2-5.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 6-2-5.1 Case Law from Google Scholar Amendments to OCGA 6-2-5.1

TITLE 6 AVIATION

Section 2. Regulation of Aeronautics, Aircraft, and Airports Generally, 6-2-1 through 6-2-12.

6-2-5.1. Operation or physical control of aircraft while under the influence of alcohol or drugs; penalty.

  1. 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.
  2. 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.
  3. 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.

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

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.

Cases Citing O.C.G.A. § 6-2-5.1

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State v. Jackson, 697 S.E.2d 757 (Ga. 2010).

Cited 173 times | Published | Supreme Court of Georgia | Jun 28, 2010 | 287 Ga. 646, 2010 Fulton County D. Rep. 2574

...unding upon proximate cause when the accused does `not directly cause the death'"). [3] See, all with emphasis supplied, OCGA § 6-2-5.2 (" 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...."); § 16-5-2(a) ("A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances whic...