{"data":{"id":"us-ky/krs-183.061","jurisdiction":"us-ky","citation":"KRS 183.061","heading":"Prohibition against operation of or acting as crewmember of civil aircraft","body":"while using or under the influence of alcohol or other substance -- Consent to\ntests -- Penalty -- Reports to Federal Aviation Administration.\n(1) As used in this section, \"cre wmember\" means any person performing or assigned to\nperform any duty in a civil aircraft during the time which the aircraft is undergoing\npreflight inspection, boarding, or carrying passengers or crew, or any time the\naircraft is under power or in flight.\n(2) It is unlawful for any person to operate, attempt to operate, or act, or attempt to act,\nas a crewmember of any civil aircraft in this Commonwealth:\n(a) Within eight (8) hours after the consumption of any alcoholic beverage; or\n(b) While under the influence of alcohol; or\n(c) While using any substance that affects his faculties in any way contrary to\nsafety; or\n(d) With four one -hundredths of one percent (0.04%) or more by weight of\nalcohol in his blood.\n(3) Any person who operates or attempts to operat e or acts or attempts to act as a\ncrewmember of any aircraft in this Commonwealth is considered to have given his\nconsent to one (1) or more tests of his blood, breath, and urine, or combination\nthereof, for the purpose of determining alcohol concentration  or presence of a\nsubstance which affects his faculties in any way contrary to safety, if arrested for a\nviolation of this section.\n(4) Testing for alcohol concentration or other substances shall be done in the manner\nprescribed in KRS Chapter 189A, and th e defendant shall have the same rights as\nprovided by KRS Chapter 189A with regard to refusing the test.\n(5) Any person who violates the provisions of subsection (2) of this section shall be\npunished as provided in KRS 189A.010. Any person who refuses a te st offered\npursuant to subsection (3) shall be fined two hundred dollars ($200) or be\nimprisoned in the county jail for not less than forty -eight (48) hours nor more than\nthirty (30) days, or both. Conviction for a violation of subsection (2) shall not bar  a\nconviction for refusal to take tests for alcohol or other substances. Conviction for\nrefusal to take tests for violation of alcohol or other substances shall not bar a\nconviction for a violation of subsection (2).\n(6) The filing of charges, results of c hemical testing, and results of the trial or other\nsubsequent proceedings shall be reported to the division, branch, or office of the\nFederal Aviation Administration having jurisdiction for regulation and certification\nby the law enforcement agency making the arrest within thirty (30) days of the date\nof arrest. Law enforcement agencies possessing evidence of a violation of this\nsection shall present the evidence for use by the Federal Aviation Administration as\nwell as for prosecution by the state under this section.","path":["KRS Chapter 183"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5723","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:33Z","sha256":"fe3cb4bcc8b22af2378703a165a397960c89a74eeaabfd4c4d1737ae9914cf12","source_id":"us-ky","stale":false,"prev":"us-ky/krs-183.060","next":"us-ky/krs-183.070"},"notice":"GroundRules: Original legal text. Not legal advice."}