SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1997 SESSION

  • | print version

SB 43 Flying aircraft while under the influence of alcohol (FUI).

Introduced by: Thomas K. Norment, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Flying aircraft while under the influence of alcohol or drugs (FUI); implied consent. Creates a new offense, punishable as a Class 6 felony, for operating an aircraft at a 0.04 percent BAC threshold and establishes an implied consent provision, modeled after the DUI implied consent law, for persons who operate aircraft over, above or upon the lands or waters of the Commonwealth. Any measurable concentration of a narcotic or habit-forming drug constitutes a violation. A test to detect alcohol or drug concentration must be administered to a person arrested for a violation within four hours of the alleged illegal operation of the aircraft. Any person who operates an aircraft within the Commonwealth's airspace or upon its lands or waters is deemed to have consented to tests to determine the alcohol or drug content of his blood, and provisions are made to require testing of persons who are dead or otherwise unable to consent. Procedures for trial and appeal on the issue of refusal are included. The penalty for unreasonable refusal is revocation of the person's aviators license, consistent with FAA regulations, and the court may also find the defendant guilty of a Class 6 felony. Qualifications and liability of persons authorized to take blood samples are established. The courts are required to give notice of FUI violations and unreasonable refusal to consent to the Federal Aviation Administration.


FULL TEXT

HISTORY